SB2823 94TH GENERAL ASSEMBLY

LRB094 18080 DRJ 53798 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2823

Introduced 1/20/2006, by Sen. Antonio Munoz

SYNOPSIS AS INTRODUCED:

210 ILCS 45/2-201.5
210 ILCS 45/3-202.3
210 ILCS 45/3-402	from Ch. 111 1/2, par. 4153-402

Amends the Nursing Home Care Act. Provides that the required screening for nursing home services must include a background check. Provides that the purpose of a required risk assessment is to determine the degree of risk that an identified offender poses to the safety of facility residents and what security procedures are necessary to provide for their protection, including whether the identified offender should be segregated from other facility residents. Provides for the conditional admission of a resident pending receipt of a background check and for an identified offender's emergency discharge if the facility determines that it cannot meet the conditions set forth in the risk assessments. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Sections 2-201.5, 3-202.3, and 3-402 as follows:

(210 ILCS 45/2-201.5)

Sec. 2-201.5. Screening prior to admission.

(a) All persons age 18 or older seeking admission to a nursing facility must be screened to determine the need for nursing facility services prior to being admitted, regardless of income, assets, or funding source. In addition, any person who seeks to become eligible for medical assistance from the Medical Assistance Program under the Illinois Public Aid Code to pay for long term care services while residing in a facility must be screened prior to receiving those benefits. Screening for nursing facility services shall be administered through procedures established by administrative rule. Screening may be done by agencies other than the Department as established by administrative rule, which at a minimum shall require a background check to be initiated on the applicant by the screening entity as part of the screening process. This Section applies on and after July 1, 1996.

(b) In addition to the screening required by subsection (a), identified offenders who seek admission to a licensed facility shall not be admitted unless the screening agency has requested criminal history record information in accordance with the Uniform Conviction Information Act and the licensed facility complies with the requirements of the Department's administrative rules adopted pursuant to Section 3-202.3. Individuals may be admitted to the licensed facility while the results of a criminal history record information request are pending.

(Source: P.A. 94-163, eff. 7-11-05.)

(210 ILCS 45/3-202.3)

Sec. 3-202.3. Identified offenders as residents. No later than 30 days after the effective date of this amendatory Act of the 94th General Assembly, the Department shall file with the Illinois Secretary of State's Office, pursuant to the Illinois Administrative Procedure Act, emergency rules regarding the provision of services to identified offenders. The emergency rules adopted pursuant to this amendatory Act of the 94th General Assembly shall provide for, or include, but not be limited to the following:

(1) A process for the identification of identified offenders.

(2) A required risk assessment to determine the degree of risk that an identified offender poses to the safety of facility residents and what security procedures are necessary to provide for their protection, including whether the identified offender should be segregated from other facility residents of identified offenders.

(3) A requirement that a licensed facility be required, within 10 days of the filing of the emergency rules, to compare its residents against the Illinois Department of Corrections and Illinois State Police registered sex offender databases.

(4) A requirement that the licensed facility notify the Department within 48 hours of determining that a resident or residents of the licensed facility are listed on the Illinois Department of Corrections or Illinois State Police registered sex offender databases.

(5) The care planning of identified offenders, which shall include, but not be limited to, a description of the security measures that will be put in place necessary to protect facility residents from the identified offender, including whether the identified offender will should be segregated from other facility residents.

(6) For offenders serving terms of probation for felony offenses, parole, or mandatory supervised release, the facility shall acknowledge the terms of release as imposed by the court or Illinois Prisoner Review Board.

(7) The discharge planning for identified offenders.

(8) A procedure for the conditional admission of a resident pending receipt of a background check, and a procedure for an identified offender's emergency discharge if the facility determines that it cannot meet the conditions set forth in the risk assessment.

(Source: P.A. 94-163, eff. 7-11-05.)

(210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)

Sec. 3-402. Involuntary transfer or discharge of a resident from a facility shall be preceded by the discussion required under Section 3-408 and by a minimum written notice of 21 days, except in one of the following instances:

(a) when an emergency transfer or discharge is ordered by the resident's attending physician because of the resident's health care needs; or

(b) when the transfer or discharge is mandated by the physical safety of other residents, the facility staff, or facility visitors, as documented in the clinical record, or when the resident to be transferred or discharged has been found to be an identified offender as defined in Section 1-114.01 of this Act and the facility has determined that it cannot meet the conditions set forth in the risk assessments. The Department shall be notified prior to any such involuntary transfer or discharge. The Department shall immediately offer transfer, or discharge and relocation assistance to residents transferred or discharged under this subparagraph (b), and the Department may place relocation teams as provided in Section 3-419 of this Act.

(Source: P.A. 84-1322.)

Section 99. Effective date. This Act takes effect upon becoming law.