State of Illinois
2015 and 2016


Introduced , by Rep. Elgie R. Sims, Jr.


210 ILCS 45/2-201.5

    Amends the Nursing Home Care Act. In a provision that requires a facility to conduct a criminal history background check for all persons age 18 or older seeking admission to the facility, provides that a facility is not required to conduct the criminal history background check if a criminal history background check was completed by the facility the resident resided at prior to seeking admission to the facility and the resident was transferred to the facility with no time passing during which the resident was not institutionalized.

LRB099 09358 RPS 29563 b





HB3841LRB099 09358 RPS 29563 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 changing
5Section 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
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 of



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



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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 and
8personal care and developmental and mental health needs. These
9recommendations 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 is



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1waived, the pre-admission screener shall disclose the conflict
2of interest to the screened individual in the manner provided
3for by rule of the Department of Human Services. For the
4purposes of this subsection, a "conflict of interest" includes,
5but is not limited to, the existence of a professional or
6financial relationship between (i) a PAS-MH corporate or a
7PAS-MH agent and (ii) a community provider or long-term care
9    (b) In addition to the screening required by subsection
10(a), a facility, except for those licensed as long term care
11for under age 22 facilities, shall, within 24 hours after
12admission, request a criminal history background check
13pursuant to the Uniform Conviction Information Act for all
14persons age 18 or older seeking admission to the facility,
15unless (i) a background check was initiated by a hospital
16pursuant to subsection (d) of Section 6.09 of the Hospital
17Licensing Act or (ii) a background check was completed by the
18facility the resident resided at prior to seeking admission to
19the facility and the resident was transferred to the facility
20with no time passing during which the resident was not
21institutionalized. Background checks conducted pursuant to
22this Section shall be based on the resident's name, date of
23birth, and other identifiers as required by the Department of
24State Police. If the results of the background check are
25inconclusive, the facility shall initiate a fingerprint-based
26check, unless the fingerprint check is waived by the Director



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1of Public Health based on verification by the facility that the
2resident is completely immobile or that the resident meets
3other criteria related to the resident's health or lack of
4potential risk which may be established by Departmental rule. A
5waiver issued pursuant to this Section shall be valid only
6while the resident is immobile or while the criteria supporting
7the waiver exist. The facility shall provide for or arrange for
8any required fingerprint-based checks to be taken on the
9premises of the facility. If a fingerprint-based check is
10required, the facility shall arrange for it to be conducted in
11a manner that is respectful of the resident's dignity and that
12minimizes any emotional or physical hardship to the resident.
13    (c) If the results of a resident's criminal history
14background check reveal that the resident is an identified
15offender as defined in Section 1-114.01, the facility shall do
16the following:
17        (1) Immediately notify the Department of State Police,
18    in the form and manner required by the Department of State
19    Police, in collaboration with the Department of Public
20    Health, that the resident is an identified offender.
21        (2) Within 72 hours, arrange for a fingerprint-based
22    criminal history record inquiry to be requested on the
23    identified offender resident. The inquiry shall be based on
24    the subject's name, sex, race, date of birth, fingerprint
25    images, and other identifiers required by the Department of
26    State Police. The inquiry shall be processed through the



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1    files of the Department of State Police and the Federal
2    Bureau of Investigation to locate any criminal history
3    record information that may exist regarding the subject.
4    The Federal Bureau of Investigation shall furnish to the
5    Department of State Police, pursuant to an inquiry under
6    this paragraph (2), any criminal history record
7    information contained in its files.
8    The facility shall comply with all applicable provisions
9contained in the Uniform Conviction Information Act.
10    All name-based and fingerprint-based criminal history
11record inquiries shall be submitted to the Department of State
12Police electronically in the form and manner prescribed by the
13Department of State Police. The Department of State Police may
14charge the facility a fee for processing name-based and
15fingerprint-based criminal history record inquiries. The fee
16shall be deposited into the State Police Services Fund. The fee
17shall not exceed the actual cost of processing the inquiry.
18    (d) (Blank).
19    (e) The Department shall develop and maintain a
20de-identified database of residents who have injured facility
21staff, facility visitors, or other residents, and the attendant
22circumstances, solely for the purposes of evaluating and
23improving resident pre-screening and assessment procedures
24(including the Criminal History Report prepared under Section
252-201.6) and the adequacy of Department requirements
26concerning the provision of care and services to residents. A



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1resident shall not be listed in the database until a Department
2survey confirms the accuracy of the listing. The names of
3persons listed in the database and information that would allow
4them to be individually identified shall not be made public.
5Neither the Department nor any other agency of State government
6may use information in the database to take any action against
7any individual, licensee, or other entity, unless the
8Department or agency receives the information independent of
9this subsection (e). All information collected, maintained, or
10developed under the authority of this subsection (e) for the
11purposes of the database maintained under this subsection (e)
12shall be treated in the same manner as information that is
13subject to Part 21 of Article VIII of the Code of Civil
15(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)