Full Text of HB5008 97th General Assembly
HB5008ham003 97TH GENERAL ASSEMBLY | Rep. Ann Williams Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5008
| 2 | | AMENDMENT NO. ______. Amend House Bill 5008 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 2-201.5 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 | 9 | | nursing
facility must be screened to
determine the need for | 10 | | nursing facility services prior to being admitted,
regardless | 11 | | of income, assets, or funding source. Screening for nursing | 12 | | facility services shall be administered
through procedures | 13 | | established by administrative rule. Screening may be done
by | 14 | | agencies other than the Department as established by | 15 | | administrative rule.
This Section applies on and after July 1, | 16 | | 1996. No later than October 1, 2010, the Department of |
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| 1 | | Healthcare and Family Services, in collaboration with the | 2 | | Department on Aging, the Department of Human Services, and the | 3 | | Department of Public Health, shall file administrative rules | 4 | | providing for the gathering, during the screening process, of | 5 | | information relevant to determining each person's potential | 6 | | for placing other residents, employees, and visitors at risk of | 7 | | harm. | 8 | | (a-1) Any screening performed pursuant to subsection (a) of
| 9 | | this Section shall include a determination of whether any
| 10 | | person is being considered for admission to a nursing facility | 11 | | due to a
need for mental health services. For a person who | 12 | | needs
mental health services, the screening shall
also include | 13 | | an evaluation of whether there is permanent supportive housing, | 14 | | or an array of
community mental health services, including but | 15 | | not limited to
supported housing, assertive community | 16 | | treatment, and peer support services, that would enable the | 17 | | person to live in the community. The person shall be told about | 18 | | the existence of any such services that would enable the person | 19 | | to live safely and humanely and about available appropriate | 20 | | nursing home services that would enable the person to live | 21 | | safely and humanely, and the person shall be given the | 22 | | assistance necessary to avail himself or herself of any | 23 | | available services. | 24 | | (a-2) Pre-screening for persons with a serious mental | 25 | | illness shall be performed by a psychiatrist, a psychologist, a | 26 | | registered nurse certified in psychiatric nursing, a licensed |
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| 1 | | clinical professional counselor, or a licensed clinical social | 2 | | worker,
who is competent to (i) perform a clinical assessment | 3 | | of the individual, (ii) certify a diagnosis, (iii) make a
| 4 | | determination about the individual's current need for | 5 | | treatment, including substance abuse treatment, and recommend | 6 | | specific treatment, and (iv) determine whether a facility or a | 7 | | community-based program
is able to meet the needs of the | 8 | | individual. | 9 | | For any person entering a nursing facility, the | 10 | | pre-screening agent shall make specific recommendations about | 11 | | what care and services the individual needs to receive, | 12 | | beginning at admission, to attain or maintain the individual's | 13 | | highest level of independent functioning and to live in the | 14 | | most integrated setting appropriate for his or her physical and | 15 | | personal care and developmental and mental health needs. These | 16 | | recommendations shall be revised as appropriate by the | 17 | | pre-screening or re-screening agent based on the results of | 18 | | resident review and in response to changes in the resident's | 19 | | wishes, needs, and interest in transition. | 20 | | Upon the person entering the nursing facility, the | 21 | | Department of Human Services or its designee shall assist the | 22 | | person in establishing a relationship with a community mental | 23 | | health agency or other appropriate agencies in order to (i) | 24 | | promote the person's transition to independent living and (ii) | 25 | | support the person's progress in meeting individual goals. | 26 | | (a-3) The Department of Human Services, by rule, shall |
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| 1 | | provide for a prohibition on conflicts of interest for | 2 | | pre-admission screeners. The rule shall provide for waiver of | 3 | | those conflicts by the Department of Human Services if the | 4 | | Department of Human Services determines that a scarcity of | 5 | | qualified pre-admission screeners exists in a given community | 6 | | and that, absent a waiver of conflicts, an insufficient number | 7 | | of pre-admission screeners would be available. If a conflict is | 8 | | waived, the pre-admission screener shall disclose the conflict | 9 | | of interest to the screened individual in the manner provided | 10 | | for by rule of the Department of Human Services. For the | 11 | | purposes of this subsection, a "conflict of interest" includes, | 12 | | but is not limited to, the existence of a professional or | 13 | | financial relationship between (i) a PAS-MH corporate or a | 14 | | PAS-MH agent and (ii) a community provider or long-term care | 15 | | facility. | 16 | | (b) In addition to the screening required by subsection | 17 | | (a), a facility, except for those licensed as long term care | 18 | | for under age 22 facilities, shall, within 24 hours after | 19 | | admission, request a criminal history background check | 20 | | pursuant to the Uniform Conviction Information Act for all | 21 | | persons age 18 or older seeking admission to the facility, | 22 | | unless a background check was initiated by a hospital pursuant | 23 | | to subsection (d) of Section 6.09 of the Hospital Licensing | 24 | | Act. Background checks conducted pursuant to this Section shall | 25 | | be based on the resident's name, date of birth, and other | 26 | | identifiers as required by the Department of State Police. If |
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| 1 | | the results of the background check are inconclusive, the | 2 | | facility shall initiate a fingerprint-based check, unless the | 3 | | fingerprint check is waived by the Director of Public Health | 4 | | based on verification by the facility that the resident is | 5 | | completely immobile or that the resident meets other criteria | 6 | | related to the resident's health or lack of potential risk | 7 | | which may be established by Departmental rule. A waiver issued | 8 | | pursuant to this Section shall be valid only while the resident | 9 | | is immobile or while the criteria supporting the waiver exist. | 10 | | The facility shall provide for or arrange for any required | 11 | | fingerprint-based checks to be taken on the premises of the | 12 | | facility. If a fingerprint-based check is required, the | 13 | | facility shall arrange for it to be conducted in a manner that | 14 | | is respectful of the resident's dignity and that minimizes any | 15 | | emotional or physical hardship to the resident. Fingerprint | 16 | | vendors assisting in the initiation of fingerprint checks shall | 17 | | comply with the provisions contained in Section 37 of the | 18 | | Health Care Worker Background Check Act. | 19 | | (c) If the results of a resident's criminal history | 20 | | background check reveal that the resident is an identified | 21 | | offender as defined in Section 1-114.01, the facility shall do | 22 | | the following: | 23 | | (1) Immediately notify the Department of State Police, | 24 | | in the form and manner required by the Department of State | 25 | | Police, in collaboration with the Department of Public | 26 | | Health, that the resident is an identified offender. |
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| 1 | | (2) Within 72 hours, arrange for a fingerprint-based | 2 | | criminal history record inquiry to be requested on the | 3 | | identified offender resident. The inquiry shall be based on | 4 | | the subject's name, sex, race, date of birth, fingerprint | 5 | | images, and other identifiers required by the Department of | 6 | | State Police. The inquiry shall be processed through the | 7 | | files of the Department of State Police and the Federal | 8 | | Bureau of Investigation to locate any criminal history | 9 | | record information that may exist regarding the subject. | 10 | | The Federal Bureau of Investigation shall furnish to the | 11 | | Department of State Police,
pursuant to an inquiry under | 12 | | this paragraph (2),
any criminal history record | 13 | | information contained in its
files. | 14 | | The facility shall comply with all applicable provisions | 15 | | contained in the Uniform Conviction Information Act. | 16 | | All name-based and fingerprint-based criminal history | 17 | | record inquiries shall be submitted to the Department of State | 18 | | Police electronically in the form and manner prescribed by the | 19 | | Department of State Police. The Department of State Police may | 20 | | charge the facility a fee for processing name-based and | 21 | | fingerprint-based criminal history record inquiries. The fee | 22 | | shall be deposited into the State Police Services Fund. The fee | 23 | | shall not exceed the actual cost of processing the inquiry. | 24 | | (d) (Blank).
| 25 | | (e) The Department shall develop and maintain a | 26 | | de-identified database of residents who have injured facility |
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| 1 | | staff, facility visitors, or other residents, and the attendant | 2 | | circumstances, solely for the purposes of evaluating and | 3 | | improving resident pre-screening and assessment procedures | 4 | | (including the Criminal History Report prepared under Section | 5 | | 2-201.6) and the adequacy of Department requirements | 6 | | concerning the provision of care and services to residents. A | 7 | | resident shall not be listed in the database until a Department | 8 | | survey confirms the accuracy of the listing. The names of | 9 | | persons listed in the database and information that would allow | 10 | | them to be individually identified shall not be made public. | 11 | | Neither the Department nor any other agency of State government | 12 | | may use information in the database to take any action against | 13 | | any individual, licensee, or other entity, unless the | 14 | | Department or agency receives the information independent of | 15 | | this subsection (e). All information
collected, maintained, or | 16 | | developed under the authority of this subsection (e) for the | 17 | | purposes of the database maintained under this subsection (e) | 18 | | shall be treated in the same manner as information that is | 19 | | subject to Part 21 of Article VIII of the Code of Civil | 20 | | Procedure. | 21 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.) | 22 | | Section 8. The ID/DD Community Care Act is amended by | 23 | | changing Section 2-201.5 as follows: | 24 | | (210 ILCS 47/2-201.5)
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| 1 | | Sec. 2-201.5. Screening prior to admission. | 2 | | (a) All persons age 18 or older seeking admission to a | 3 | | facility must be screened to determine the need for facility | 4 | | services prior to being admitted, regardless of income, assets, | 5 | | or funding source. In addition, any person who seeks to become | 6 | | eligible for medical assistance from the Medical Assistance | 7 | | Program under the Illinois Public Aid Code to pay for services | 8 | | while residing in a facility must be screened prior to | 9 | | receiving those benefits. Screening for facility services | 10 | | shall be administered through procedures established by | 11 | | administrative rule. Screening may be done by agencies other | 12 | | than the Department as established by administrative rule. | 13 | | (a-1) Any screening shall also include an evaluation of | 14 | | whether there are residential supports and services or an array | 15 | | of community services that would enable the person to live in | 16 | | the community. The person shall be told about the existence of | 17 | | any such services that would enable the person to live safely | 18 | | and humanely in the least restrictive environment, that is | 19 | | appropriate, that the individual or guardian chooses, and the | 20 | | person shall be given the assistance necessary to avail himself | 21 | | or herself of any available services. | 22 | | (b) In addition to the screening required by subsection | 23 | | (a), a facility shall, within 24 hours after admission, request | 24 | | a criminal history background check pursuant to the Uniform | 25 | | Conviction Information Act for all persons age 18 or older | 26 | | seeking admission to the facility. Background checks conducted |
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| 1 | | pursuant to this Section shall be based on the resident's name, | 2 | | date of birth, and other identifiers as required by the | 3 | | Department of State Police. If the results of the background | 4 | | check are inconclusive, the facility shall initiate a | 5 | | fingerprint-based check, unless the fingerprint-based check is | 6 | | waived by the Director of Public Health based on verification | 7 | | by the facility that the resident is completely immobile or | 8 | | that the resident meets other criteria related to the | 9 | | resident's health or lack of potential risk which may be | 10 | | established by Departmental rule. A waiver issued pursuant to | 11 | | this Section shall be valid only while the resident is immobile | 12 | | or while the criteria supporting the waiver exist. The facility | 13 | | shall provide for or arrange for any required fingerprint-based | 14 | | checks. If a fingerprint-based check is required, the facility | 15 | | shall arrange for it to be conducted in a manner that is | 16 | | respectful of the resident's dignity and that minimizes any | 17 | | emotional or physical hardship to the resident. Fingerprint | 18 | | vendors assisting in the initiation of fingerprint checks shall | 19 | | comply with the provisions contained in Section 37 of the | 20 | | Health Care Worker Background Check Act. | 21 | | (c) If the results of a resident's criminal history | 22 | | background check reveal that the resident is an identified | 23 | | offender as defined in Section 1-114.01 of this Act, the | 24 | | facility shall do the following: | 25 | | (1) Immediately notify the Department of State Police, | 26 | | in the form and manner required by the Department of State |
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| 1 | | Police, in collaboration with the Department of Public | 2 | | Health, that the resident is an identified offender. | 3 | | (2) Within 72 hours, arrange for a fingerprint-based | 4 | | criminal history record inquiry to be requested on the | 5 | | identified offender resident. The inquiry shall be based on | 6 | | the subject's name, sex, race, date of birth, fingerprint | 7 | | images, and other identifiers required by the Department of | 8 | | State Police. The inquiry shall be processed through the | 9 | | files of the Department of State Police and the Federal | 10 | | Bureau of Investigation to locate any criminal history | 11 | | record information that may exist regarding the subject. | 12 | | The Federal Bureau of Investigation shall furnish to the | 13 | | Department of State Police, pursuant to an inquiry under | 14 | | this paragraph (2), any criminal history record | 15 | | information contained in its files. The facility shall | 16 | | comply with all applicable provisions contained in the | 17 | | Uniform Conviction Information Act. All name-based and | 18 | | fingerprint-based criminal history record inquiries shall | 19 | | be submitted to the Department of State Police | 20 | | electronically in the form and manner prescribed by the | 21 | | Department of State Police. The Department of State Police | 22 | | may charge the facility a fee for processing name-based and | 23 | | fingerprint-based criminal history record inquiries. The | 24 | | fee shall be deposited into the State Police Services Fund. | 25 | | The fee shall not exceed the actual cost of processing the | 26 | | inquiry.
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| 1 | | (d) The Department shall develop and maintain a | 2 | | de-identified database of residents who have injured facility | 3 | | staff, facility visitors, or other residents, and the attendant | 4 | | circumstances, solely for the purposes of evaluating and | 5 | | improving resident pre-screening and assessment procedures | 6 | | (including the Criminal History Report prepared under Section | 7 | | 2-201.6 of this Act) and the adequacy of Department | 8 | | requirements concerning the provision of care and services to | 9 | | residents. A resident shall not be listed in the database until | 10 | | a Department survey confirms the accuracy of the listing. The | 11 | | names of persons listed in the database and information that | 12 | | would allow them to be individually identified shall not be | 13 | | made public. Neither the Department nor any other agency of | 14 | | State government may use information in the database to take | 15 | | any action against any individual, licensee, or other entity | 16 | | unless the Department or agency receives the information | 17 | | independent of this subsection (d). All information collected, | 18 | | maintained, or developed under the authority of this subsection | 19 | | (d) for the purposes of the database maintained under this | 20 | | subsection (d) shall be treated in the same manner as | 21 | | information that is subject to Part 21 of Article VIII of the | 22 | | Code of Civil Procedure. | 23 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.) | 24 | | Section 10. The Health Care Worker Background Check Act is | 25 | | amended by changing Section 15, 33, and 50 and by adding |
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| 1 | | Section 37 as follows:
| 2 | | (225 ILCS 46/15)
| 3 | | Sec. 15. Definitions. In this Act:
| 4 | | "Applicant" means an individual seeking employment with a | 5 | | health care
employer who has received a bona fide conditional | 6 | | offer of employment.
| 7 | | "Conditional offer of employment" means a bona fide offer | 8 | | of employment by a
health care employer to an applicant, which | 9 | | is contingent upon the receipt of a
report from the Department | 10 | | of Public Health indicating that the applicant does
not have a | 11 | | record of conviction of any of the criminal offenses enumerated | 12 | | in
Section 25.
| 13 | | "Direct care" means the provision of nursing care or | 14 | | assistance with feeding,
dressing, movement, bathing, | 15 | | toileting, or other personal needs, including home services as | 16 | | defined in the Home Health, Home Services, and Home Nursing | 17 | | Agency Licensing Act. The entity
responsible for inspecting and | 18 | | licensing, certifying, or registering the
health care employer | 19 | | may, by administrative rule, prescribe guidelines for
| 20 | | interpreting this definition with regard to the health care | 21 | | employers that it
licenses.
| 22 | | "Disqualifying offenses" means those offenses set forth in | 23 | | Section 25 of this Act. | 24 | | "Employee" means any individual hired, employed, or | 25 | | retained to which this Act applies. |
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| 1 | | "Fingerprint-based criminal history records check" means a | 2 | | livescan fingerprint-based criminal history records check | 3 | | submitted as a fee applicant inquiry in the form and manner | 4 | | prescribed by the Department of State Police.
| 5 | | "Health care employer" means:
| 6 | | (1) the owner or licensee of any of the
following:
| 7 | | (i) a community living facility, as defined in the | 8 | | Community Living
Facilities Act;
| 9 | | (ii) a life care facility, as defined in the Life | 10 | | Care Facilities Act;
| 11 | | (iii) a long-term care facility;
| 12 | | (iv) a home health agency, home services agency, or | 13 | | home nursing agency as defined in the Home Health, Home | 14 | | Services, and Home Nursing Agency Licensing
Act;
| 15 | | (v) a hospice care program or volunteer hospice | 16 | | program, as defined in the Hospice Program Licensing | 17 | | Act;
| 18 | | (vi) a hospital, as defined in the Hospital | 19 | | Licensing Act;
| 20 | | (vii) (blank);
| 21 | | (viii) a nurse agency, as defined in the Nurse | 22 | | Agency Licensing Act;
| 23 | | (ix) a respite care provider, as defined in the | 24 | | Respite Program Act;
| 25 | | (ix-a) an establishment licensed under the | 26 | | Assisted Living and Shared
Housing Act;
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| 1 | | (x) a supportive living program, as defined in the | 2 | | Illinois Public Aid
Code;
| 3 | | (xi) early childhood intervention programs as | 4 | | described in 59 Ill. Adm.
Code 121;
| 5 | | (xii) the University of Illinois Hospital, | 6 | | Chicago;
| 7 | | (xiii) programs funded by the Department on Aging | 8 | | through the Community
Care Program;
| 9 | | (xiv) programs certified to participate in the | 10 | | Supportive Living Program
authorized pursuant to | 11 | | Section 5-5.01a of the Illinois Public Aid Code;
| 12 | | (xv) programs listed by the Emergency Medical | 13 | | Services (EMS) Systems Act
as
Freestanding Emergency | 14 | | Centers;
| 15 | | (xvi) locations licensed under the Alternative | 16 | | Health Care Delivery
Act;
| 17 | | (2) a day training program certified by the Department | 18 | | of Human Services;
| 19 | | (3) a community integrated living arrangement operated | 20 | | by a community
mental health and developmental service | 21 | | agency, as defined in the
Community-Integrated Living | 22 | | Arrangements Licensing and Certification Act; or
| 23 | | (4) the State Long Term Care Ombudsman Program, | 24 | | including any regional long term care ombudsman programs | 25 | | under Section 4.04 of the Illinois Act on the Aging, only | 26 | | for the purpose of securing background checks.
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| 1 | | "Fingerprint vendor" means a person that offers, | 2 | | advertises, or provides services to fingerprint individuals, | 3 | | through electronic or other means, for the purpose of providing | 4 | | fingerprint images and associated demographic data to the | 5 | | Department of State Police for processing fingerprint-based | 6 | | criminal history record information inquiries. | 7 | | "Initiate" means obtaining from
a student, applicant, or | 8 | | employee his or her social security number, demographics, a | 9 | | disclosure statement, and an authorization for the Department | 10 | | of Public Health or its designee to request a fingerprint-based | 11 | | criminal history records check; transmitting this information | 12 | | electronically to the Department of Public Health; conducting | 13 | | Internet searches on certain web sites, including without | 14 | | limitation the Illinois Sex Offender Registry, the Department | 15 | | of Corrections' Sex Offender Search Engine, the Department of | 16 | | Corrections' Inmate Search Engine, the Department of | 17 | | Corrections Wanted Fugitives Search Engine, the National Sex | 18 | | Offender Public Registry, and the website of the Health and | 19 | | Human Services Office of Inspector General to determine if the | 20 | | applicant has been adjudicated a sex offender, has been a | 21 | | prison inmate, or has committed Medicare or Medicaid fraud, or | 22 | | conducting similar searches as defined by rule; and having the | 23 | | student, applicant, or employee's fingerprints collected and | 24 | | transmitted electronically to the Department of State Police.
| 25 | | "Livescan vendor" means an entity whose equipment has been | 26 | | certified by the Department of State Police to collect an |
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| 1 | | individual's demographics and inkless fingerprints and, in a | 2 | | manner prescribed by the Department of State Police and the | 3 | | Department of Public Health, electronically transmit the | 4 | | fingerprints and required data to the Department of State | 5 | | Police and a daily file of required data to the Department of | 6 | | Public Health. The Department of Public Health shall negotiate | 7 | | a contract with one or more vendors that effectively | 8 | | demonstrate that the vendor has 2 or more years of experience | 9 | | transmitting fingerprints electronically to the Department of | 10 | | State Police and that the vendor can successfully transmit the | 11 | | required data in a manner prescribed by the Department of | 12 | | Public Health. Vendor authorization may be further defined by | 13 | | administrative rule.
| 14 | | "Long-term care facility" means a facility licensed by the | 15 | | State or certified under federal law as a long-term care | 16 | | facility, including without limitation facilities licensed | 17 | | under the Nursing Home Care Act, the Specialized Mental Health | 18 | | Rehabilitation Act, or the ID/DD Community Care Act, a | 19 | | supportive living facility, an assisted living establishment, | 20 | | or a shared housing establishment or registered as a board and | 21 | | care home.
| 22 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 23 | | eff. 1-1-12; revised 10-4-11.)
| 24 | | (225 ILCS 46/33) | 25 | | Sec. 33. Fingerprint-based criminal history records check. |
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| 1 | | (a) A fingerprint-based criminal history records check is | 2 | | not required for health care employees who have been | 3 | | continuously employed by a health care employer since October | 4 | | 1, 2007, have met the requirements for criminal history | 5 | | background checks prior to October 1, 2007, and have no | 6 | | disqualifying convictions or requested and received a waiver of | 7 | | those disqualifying convictions. These employees shall be | 8 | | retained on the Health Care Worker Registry as long as they | 9 | | remain active. Nothing in this subsection (a) shall be | 10 | | construed to prohibit a health care employer from initiating a | 11 | | criminal history records check for these employees. Should | 12 | | these employees seek a new position with a different health | 13 | | care employer, then a fingerprint-based criminal history | 14 | | records check shall be required.
| 15 | | (b) On October 1, 2007 or as soon thereafter as is | 16 | | reasonably practical, in the discretion of the Director of | 17 | | Public Health, and thereafter, any student,
applicant, or | 18 | | employee who desires to be included on the Department of Public | 19 | | Health's Health Care Worker Registry must authorize the | 20 | | Department of Public Health or its designee to request a | 21 | | fingerprint-based criminal history records check to determine | 22 | | if the individual has a conviction for a disqualifying offense. | 23 | | This authorization shall allow the Department of Public Health | 24 | | to request and receive information and assistance from any | 25 | | State or local governmental agency. Each individual shall | 26 | | submit his or her fingerprints to the Department of State |
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| 1 | | Police in an electronic format that complies with the form and | 2 | | manner for requesting and furnishing criminal history record | 3 | | information prescribed by the Department of State Police. The | 4 | | fingerprints submitted under this Section shall be checked | 5 | | against the fingerprint records now and hereafter filed in the | 6 | | Department of State Police criminal history record databases. | 7 | | The Department of State Police shall charge a fee for | 8 | | conducting the criminal history records check, which shall not | 9 | | exceed the actual cost of the records check. The fingerprint | 10 | | livescan vendor may act as the designee for individuals, | 11 | | educational entities, or health care employers in the | 12 | | collection of Department of State Police fees and deposit those | 13 | | fees into the State Police Services Fund. The Department of | 14 | | State Police shall provide information concerning any criminal | 15 | | convictions, now or hereafter filed, against the individual. | 16 | | (c) On October 1, 2007 or as soon thereafter as is | 17 | | reasonably practical, in the discretion of the Director of | 18 | | Public Health, and thereafter, an educational
entity, other | 19 | | than a secondary school, conducting a nurse aide training | 20 | | program must initiate a fingerprint-based criminal history | 21 | | records check requested by the Department of Public Health | 22 | | prior to entry of an individual into the training program. | 23 | | (d) On October 1, 2007 or as soon thereafter as is | 24 | | reasonably practical, in the discretion of the Director of | 25 | | Public Health, and thereafter, a health care
employer who makes | 26 | | a conditional offer of employment to an applicant for a |
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| 1 | | position as an employee must initiate a fingerprint-based | 2 | | criminal history record check, requested by the Department of | 3 | | Public Health, on the applicant, if such a background check has | 4 | | not been previously conducted. | 5 | | (e) When initiating a background check requested by the
| 6 | | Department of Public Health, an educational entity or health | 7 | | care employer shall electronically submit to the Department of | 8 | | Public Health the student's, applicant's, or employee's social | 9 | | security number, demographics, disclosure, and authorization | 10 | | information in a format prescribed by the Department of Public | 11 | | Health within 2 working days after the authorization is | 12 | | secured. The student, applicant, or employee must have his or | 13 | | her fingerprints collected electronically and transmitted to | 14 | | the Department of State Police within 10 working days. The | 15 | | educational entity or health care employer must transmit all | 16 | | necessary information and fees to the fingerprint livescan | 17 | | vendor and Department of State Police within 10 working days | 18 | | after receipt of the authorization. This information and the | 19 | | results of the criminal history record checks shall be | 20 | | maintained by the Department of Public Health's Health Care | 21 | | Worker Registry. | 22 | | (f) A direct care employer may initiate a fingerprint-based | 23 | | background check requested by the Department of Public Health | 24 | | for any of its employees, but may not use this process to | 25 | | initiate background checks for residents. The results of any | 26 | | fingerprint-based background check that is initiated with the |
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| 1 | | Department as the requestor shall be entered in the Health Care | 2 | | Worker Registry. | 3 | | (g) As long as the employee has had a fingerprint-based | 4 | | criminal history record check requested by the Department of | 5 | | Public Health and stays active on the Health Care Worker | 6 | | Registry, no further criminal history record checks shall be | 7 | | deemed necessary, as the Department of State Police shall | 8 | | notify the Department of Public Health of any additional | 9 | | convictions associated with the fingerprints previously | 10 | | submitted. Health care employers are required to check the | 11 | | Health Care Worker Registry before hiring an employee to | 12 | | determine that the individual has had a fingerprint-based | 13 | | record check requested by the Department of Public Health and | 14 | | has no disqualifying convictions or has been granted a waiver | 15 | | pursuant to Section 40 of this Act. If the individual has not | 16 | | had such a background check or is not active on the Health Care | 17 | | Worker Registry, then the health care employer must initiate a | 18 | | fingerprint-based record check requested by the Department of | 19 | | Public Health. If an individual is inactive on the Health Care | 20 | | Worker Registry, that individual is prohibited from being hired | 21 | | to work as a certified nurse aide if, since the individual's | 22 | | most recent completion of a competency test, there has been a | 23 | | period of 24 consecutive months during which the individual has | 24 | | not provided nursing or nursing-related services for pay. If | 25 | | the individual can provide proof of having retained his or her | 26 | | certification by not having a 24 consecutive month break in |
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| 1 | | service for pay, he or she may be hired as a certified nurse | 2 | | aide and that employment information shall be entered into the | 3 | | Health Care Worker Registry. | 4 | | (h) On October 1, 2007 or as soon thereafter as is | 5 | | reasonably practical, in the discretion of the Director of | 6 | | Public Health, and thereafter, if the Department of State | 7 | | Police notifies the Department of Public Health that an | 8 | | employee has a new conviction of a disqualifying offense, based | 9 | | upon the fingerprints that were previously submitted, then (i) | 10 | | the Health Care Worker Registry shall notify the employee's | 11 | | last known employer of the offense, (ii) a record of the | 12 | | employee's disqualifying offense shall be entered on the Health | 13 | | Care Worker Registry, and (iii) the individual shall no longer | 14 | | be eligible to work as an employee unless he or she obtains a | 15 | | waiver pursuant to Section 40 of this Act. | 16 | | (i) On October 1, 2007, or as soon thereafter, in the | 17 | | discretion of the Director of Public Health, as is reasonably | 18 | | practical, and thereafter, each direct care employer or its | 19 | | designee must provide an employment verification for each | 20 | | employee no less than annually. The direct care employer or its | 21 | | designee must log into the Health Care Worker Registry through | 22 | | a secure login. The health care employer or its designee must | 23 | | indicate employment and termination dates within 30 days after | 24 | | hiring or terminating an employee, as well as the employment | 25 | | category and type. Failure to comply with this subsection (i) | 26 | | constitutes a licensing violation. For health care employers |
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| 1 | | that are not licensed or certified, a fine of up to $500 may be | 2 | | imposed for failure to maintain these records. This information | 3 | | shall be used by the Department of Public Health to notify the | 4 | | last known employer of any disqualifying offenses that are | 5 | | reported by the Department of State Police.
| 6 | | (j) The Department of Public Health shall notify each
| 7 | | health care employer or long-term care facility inquiring as to | 8 | | the information on the Health Care Worker Registry if the | 9 | | applicant or employee listed on the registry has a | 10 | | disqualifying offense and is therefore ineligible to work or | 11 | | has a waiver pursuant to Section 40 of this Act. | 12 | | (k) The student, applicant, or employee must be notified
of | 13 | | each of the following whenever a fingerprint-based criminal | 14 | | history records check is required: | 15 | | (1) That the educational entity, health care
employer, | 16 | | or long-term care facility shall initiate a | 17 | | fingerprint-based criminal history record check requested | 18 | | by the Department of Public Health of the student, | 19 | | applicant, or employee pursuant to this Act. | 20 | | (2) That the student, applicant, or employee has a
| 21 | | right to obtain a copy of the criminal records report that | 22 | | indicates a conviction for a disqualifying offense and | 23 | | challenge the accuracy and completeness of the report | 24 | | through an established Department of State Police | 25 | | procedure of Access and Review. | 26 | | (3) That the applicant, if hired conditionally, may
be |
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| 1 | | terminated if the criminal records report indicates that | 2 | | the applicant has a record of a conviction of any of the | 3 | | criminal offenses enumerated in Section 25, unless the | 4 | | applicant obtains a waiver pursuant to Section 40 of this | 5 | | Act. | 6 | | (4) That the applicant, if not hired conditionally,
| 7 | | shall not be hired if the criminal records report indicates | 8 | | that the applicant has a record of a conviction of any of | 9 | | the criminal offenses enumerated in Section 25, unless the | 10 | | applicant obtains a waiver pursuant to Section 40 of this | 11 | | Act. | 12 | | (5) That the employee shall be terminated if the
| 13 | | criminal records report indicates that the employee has a | 14 | | record of a conviction of any of the criminal offenses | 15 | | enumerated in Section 25. | 16 | | (6) If, after the employee has originally been | 17 | | determined not to have disqualifying offenses, the | 18 | | employer is notified that the employee has a new | 19 | | conviction(s) of any of the criminal offenses enumerated in | 20 | | Section 25, then the employee shall be terminated. | 21 | | (l) A health care employer or long-term care facility may
| 22 | | conditionally employ an applicant for up to 3 months pending | 23 | | the results of a fingerprint-based criminal history record | 24 | | check requested by the Department of Public Health. | 25 | | (m) The Department of Public Health or an entity
| 26 | | responsible for inspecting, licensing, certifying, or |
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| 1 | | registering the health care employer or long-term care facility | 2 | | shall be immune from liability for notices given based on the | 3 | | results of a fingerprint-based criminal history record check.
| 4 | | (Source: P.A. 95-120, eff. 8-13-07.) | 5 | | (225 ILCS 46/37 new) | 6 | | Sec. 37. Fingerprint vendor fees. The Department of Public | 7 | | Health shall establish a set fee for fingerprint services that | 8 | | all approved fingerprint vendors offering fingerprint services | 9 | | under this Act, Section 2-201.5 of the Nursing Home Care Act, | 10 | | and Section 2-201.5 of the ID/DD Community Care Act may not | 11 | | exceed. Any fingerprint vendor meeting the requirements set | 12 | | forth in this Section shall be licensed by the Department of | 13 | | Financial and Professional Regulation for participation in | 14 | | both programs. Any vendor currently providing fingerprint | 15 | | vendor services under the requirements of this Act or the | 16 | | Nursing Home Care Act shall be notified within 30 days after | 17 | | the effective date of this amendatory Act of the 97th General | 18 | | Assembly of the provisions contained in this Act, Section | 19 | | 2-201.5 of the Nursing Home Care Act, and Section 2-201.5 of | 20 | | the ID/DD Community Care Act and shall be given 30 days after | 21 | | the date the fingerprint vendor is notified of the established | 22 | | fee to notify the Department of State Police of the fingerprint | 23 | | vendor's intent to seek certification. All participating | 24 | | fingerprint vendors shall comply with the established fee | 25 | | requirements within 30 days after being notified that a fee has |
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| 1 | | been set, regardless of the status of their application for | 2 | | certification. Certification qualifications shall include, but | 3 | | not be limited to, the following: | 4 | | (1) two or more years of experience transmitting | 5 | | fingerprints electronically to the Department of State | 6 | | Police; | 7 | | (2) successful transmission of the required data in a | 8 | | manner agreed on by the Department of Public Health and the | 9 | | Department of State Police; | 10 | | (3) licensure by the State as a fingerprint vendor | 11 | | under the Private Detective, Private Alarm, Private | 12 | | Security, Fingerprint Vendor, and Locksmith Act of 2004; | 13 | | and | 14 | | (4) an agreement to simultaneously provide fingerprint | 15 | | services under multiple Acts. | 16 | | All administrative rules adopted under this Section shall | 17 | | be agreed upon by the Department of State Police and the | 18 | | Department of Public Health.
| 19 | | (225 ILCS 46/50)
| 20 | | Sec. 50. Health care employer files. The health care | 21 | | employer shall
retain on file for a period of
5 years records | 22 | | of criminal records requests for all employees. The health
care | 23 | | employer shall retain a copy of the disclosure and | 24 | | authorization forms, a copy of the fingerprint livescan request | 25 | | form, all notifications resulting from the
fingerprint-based |
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| 1 | | criminal history records check and waiver, if appropriate, for | 2 | | the duration of
the individual's employment. The files shall be
| 3 | | subject to inspection by the agency
responsible for inspecting, | 4 | | licensing, or certifying the health care employer.
A fine of up | 5 | | to $500 may be imposed by the appropriate agency for failure to
| 6 | | maintain these records. The Department of Public Health must | 7 | | keep an electronic record of criminal history background checks | 8 | | for an individual for as long as the individual remains active | 9 | | on the Health Care Worker Registry.
| 10 | | (Source: P.A. 95-120, eff. 8-13-07.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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