Full Text of HB3841 99th General Assembly
HB3841enr 99TH GENERAL ASSEMBLY |
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| 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 Nursing Home Care Act is amended by changing | 5 | | 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 | 17 | | Healthcare and Family Services, in collaboration with the | 18 | | Department on Aging, the Department of Human Services, and the | 19 | | Department of Public Health, shall file administrative rules | 20 | | providing for the gathering, during the screening process, of | 21 | | information relevant to determining each person's potential | 22 | | for placing other residents, employees, and visitors at risk of | 23 | | harm. |
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| 1 | | (a-1) Any screening performed pursuant to subsection (a) of
| 2 | | this Section shall include a determination of whether any
| 3 | | person is being considered for admission to a nursing facility | 4 | | due to a
need for mental health services. For a person who | 5 | | needs
mental health services, the screening shall
also include | 6 | | an evaluation of whether there is permanent supportive housing, | 7 | | or an array of
community mental health services, including but | 8 | | not limited to
supported housing, assertive community | 9 | | treatment, and peer support services, that would enable the | 10 | | person to live in the community. The person shall be told about | 11 | | the existence of any such services that would enable the person | 12 | | to live safely and humanely and about available appropriate | 13 | | nursing home services that would enable the person to live | 14 | | safely and humanely, and the person shall be given the | 15 | | assistance necessary to avail himself or herself of any | 16 | | available services. | 17 | | (a-2) Pre-screening for persons with a serious mental | 18 | | illness shall be performed by a psychiatrist, a psychologist, a | 19 | | registered nurse certified in psychiatric nursing, a licensed | 20 | | clinical professional counselor, or a licensed clinical social | 21 | | worker,
who is competent to (i) perform a clinical assessment | 22 | | of the individual, (ii) certify a diagnosis, (iii) make a
| 23 | | determination about the individual's current need for | 24 | | treatment, including substance abuse treatment, and recommend | 25 | | specific treatment, and (iv) determine whether a facility or a | 26 | | community-based program
is able to meet the needs of the |
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| 1 | | individual. | 2 | | For any person entering a nursing facility, the | 3 | | pre-screening agent shall make specific recommendations about | 4 | | what care and services the individual needs to receive, | 5 | | beginning at admission, to attain or maintain the individual's | 6 | | highest level of independent functioning and to live in the | 7 | | most integrated setting appropriate for his or her physical and | 8 | | personal care and developmental and mental health needs. These | 9 | | recommendations shall be revised as appropriate by the | 10 | | pre-screening or re-screening agent based on the results of | 11 | | resident review and in response to changes in the resident's | 12 | | wishes, needs, and interest in transition. | 13 | | Upon the person entering the nursing facility, the | 14 | | Department of Human Services or its designee shall assist the | 15 | | person in establishing a relationship with a community mental | 16 | | health agency or other appropriate agencies in order to (i) | 17 | | promote the person's transition to independent living and (ii) | 18 | | support the person's progress in meeting individual goals. | 19 | | (a-3) The Department of Human Services, by rule, shall | 20 | | provide for a prohibition on conflicts of interest for | 21 | | pre-admission screeners. The rule shall provide for waiver of | 22 | | those conflicts by the Department of Human Services if the | 23 | | Department of Human Services determines that a scarcity of | 24 | | qualified pre-admission screeners exists in a given community | 25 | | and that, absent a waiver of conflicts, an insufficient number | 26 | | of pre-admission screeners would be available. If a conflict is |
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| 1 | | waived, the pre-admission screener shall disclose the conflict | 2 | | of interest to the screened individual in the manner provided | 3 | | for by rule of the Department of Human Services. For the | 4 | | purposes of this subsection, a "conflict of interest" includes, | 5 | | but is not limited to, the existence of a professional or | 6 | | financial relationship between (i) a PAS-MH corporate or a | 7 | | PAS-MH agent and (ii) a community provider or long-term care | 8 | | facility. | 9 | | (b) In addition to the screening required by subsection | 10 | | (a), a facility, except for those licensed as long term care | 11 | | for under age 22 facilities, shall, within 24 hours after | 12 | | admission, request a criminal history background check | 13 | | pursuant to the Uniform Conviction Information Act for all | 14 | | persons age 18 or older seeking admission to the facility, | 15 | | unless (i) a background check was initiated by a hospital | 16 | | pursuant to subsection (d) of Section 6.09 of the Hospital | 17 | | Licensing Act ; (ii) the transferring resident is immobile; or | 18 | | (iii) the transferring resident is moving into hospice. The | 19 | | exemption provided in item (ii) or (iii) of this subsection (b) | 20 | | shall apply only if a background check was completed by the | 21 | | facility the resident resided at prior to seeking admission to
| 22 | | the facility and the resident was transferred to the facility
| 23 | | with no time passing during which the resident was not
| 24 | | institutionalized. If item (ii) or (iii) of this subsection (b) | 25 | | applies,
the prior facility shall provide a copy of its | 26 | | background check
of the resident and all supporting |
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| 1 | | documentation, including,
when applicable, the criminal | 2 | | history report and the security
assessment, to the facility to | 3 | | which the resident is being
transferred . Background checks | 4 | | conducted pursuant to this Section shall be based on the | 5 | | resident's name, date of birth, and other identifiers as | 6 | | required by the Department of State Police. If the results of | 7 | | the background check are inconclusive, the facility shall | 8 | | initiate a fingerprint-based check, unless the fingerprint | 9 | | check is waived by the Director of Public Health based on | 10 | | verification by the facility that the resident is completely | 11 | | immobile or that the resident meets other criteria related to | 12 | | the resident's health or lack of potential risk which may be | 13 | | established by Departmental rule. A waiver issued pursuant to | 14 | | this Section shall be valid only while the resident is immobile | 15 | | or while the criteria supporting the waiver exist. The facility | 16 | | shall provide for or arrange for any required fingerprint-based | 17 | | checks to be taken on the premises of the facility. If a | 18 | | fingerprint-based check is required, the facility shall | 19 | | arrange for it to be conducted in a manner that is respectful | 20 | | of the resident's dignity and that minimizes any emotional or | 21 | | physical hardship to the resident. | 22 | | (c) If the results of a resident's criminal history | 23 | | background check reveal that the resident is an identified | 24 | | offender as defined in Section 1-114.01, the facility shall do | 25 | | the following: | 26 | | (1) Immediately notify the Department of State Police, |
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| 1 | | in the form and manner required by the Department of State | 2 | | Police, in collaboration with the Department of Public | 3 | | Health, that the resident is an identified offender. | 4 | | (2) Within 72 hours, arrange for a fingerprint-based | 5 | | criminal history record inquiry to be requested on the | 6 | | identified offender resident. The inquiry shall be based on | 7 | | the subject's name, sex, race, date of birth, fingerprint | 8 | | images, and other identifiers required by the Department of | 9 | | State Police. The inquiry shall be processed through the | 10 | | files of the Department of State Police and the Federal | 11 | | Bureau of Investigation to locate any criminal history | 12 | | record information that may exist regarding the subject. | 13 | | The Federal Bureau of Investigation shall furnish to the | 14 | | Department of State Police,
pursuant to an inquiry under | 15 | | this paragraph (2),
any criminal history record | 16 | | information contained in its
files. | 17 | | The facility shall comply with all applicable provisions | 18 | | contained in the Uniform Conviction Information Act. | 19 | | All name-based and fingerprint-based criminal history | 20 | | record inquiries shall be submitted to the Department of State | 21 | | Police electronically in the form and manner prescribed by the | 22 | | Department of State Police. The Department of State Police may | 23 | | charge the facility a fee for processing name-based and | 24 | | fingerprint-based criminal history record inquiries. The fee | 25 | | shall be deposited into the State Police Services Fund. The fee | 26 | | shall not exceed the actual cost of processing the inquiry. |
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| 1 | | (d) (Blank).
| 2 | | (e) The Department shall develop and maintain a | 3 | | de-identified database of residents who have injured facility | 4 | | staff, facility visitors, or other residents, and the attendant | 5 | | circumstances, solely for the purposes of evaluating and | 6 | | improving resident pre-screening and assessment procedures | 7 | | (including the Criminal History Report prepared under Section | 8 | | 2-201.6) and the adequacy of Department requirements | 9 | | concerning the provision of care and services to residents. A | 10 | | resident shall not be listed in the database until a Department | 11 | | survey confirms the accuracy of the listing. The names of | 12 | | persons listed in the database and information that would allow | 13 | | them to be individually identified shall not be made public. | 14 | | Neither the Department nor any other agency of State government | 15 | | may use information in the database to take any action against | 16 | | any individual, licensee, or other entity, unless the | 17 | | Department or agency receives the information independent of | 18 | | this subsection (e). All information
collected, maintained, or | 19 | | developed under the authority of this subsection (e) for the | 20 | | purposes of the database maintained under this subsection (e) | 21 | | shall be treated in the same manner as information that is | 22 | | subject to Part 21 of Article VIII of the Code of Civil | 23 | | Procedure. | 24 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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