Sen. John M. Sullivan

Filed: 5/15/2015





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2    AMENDMENT NO. ______. Amend House Bill 3841 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Nursing Home Care Act is amended by
5changing 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
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



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1Healthcare and Family Services, in collaboration with the
2Department on Aging, the Department of Human Services, and the
3Department of Public Health, shall file administrative rules
4providing for the gathering, during the screening process, of
5information relevant to determining each person's potential
6for placing other residents, employees, and visitors at risk of
8    (a-1) Any screening performed pursuant to subsection (a) of
9this Section shall include a determination of whether any
10person is being considered for admission to a nursing facility
11due to a need for mental health services. For a person who
12needs mental health services, the screening shall also include
13an evaluation of whether there is permanent supportive housing,
14or an array of community mental health services, including but
15not limited to supported housing, assertive community
16treatment, and peer support services, that would enable the
17person to live in the community. The person shall be told about
18the existence of any such services that would enable the person
19to live safely and humanely and about available appropriate
20nursing home services that would enable the person to live
21safely and humanely, and the person shall be given the
22assistance necessary to avail himself or herself of any
23available services.
24    (a-2) Pre-screening for persons with a serious mental
25illness shall be performed by a psychiatrist, a psychologist, a
26registered nurse certified in psychiatric nursing, a licensed



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1clinical professional counselor, or a licensed clinical social
2worker, who is competent to (i) perform a clinical assessment
3of the individual, (ii) certify a diagnosis, (iii) make a
4determination about the individual's current need for
5treatment, including substance abuse treatment, and recommend
6specific treatment, and (iv) determine whether a facility or a
7community-based program is able to meet the needs of the
9    For any person entering a nursing facility, the
10pre-screening agent shall make specific recommendations about
11what care and services the individual needs to receive,
12beginning at admission, to attain or maintain the individual's
13highest level of independent functioning and to live in the
14most integrated setting appropriate for his or her physical and
15personal care and developmental and mental health needs. These
16recommendations shall be revised as appropriate by the
17pre-screening or re-screening agent based on the results of
18resident review and in response to changes in the resident's
19wishes, needs, and interest in transition.
20    Upon the person entering the nursing facility, the
21Department of Human Services or its designee shall assist the
22person in establishing a relationship with a community mental
23health agency or other appropriate agencies in order to (i)
24promote the person's transition to independent living and (ii)
25support the person's progress in meeting individual goals.
26    (a-3) The Department of Human Services, by rule, shall



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1provide for a prohibition on conflicts of interest for
2pre-admission screeners. The rule shall provide for waiver of
3those conflicts by the Department of Human Services if the
4Department of Human Services determines that a scarcity of
5qualified pre-admission screeners exists in a given community
6and that, absent a waiver of conflicts, an insufficient number
7of pre-admission screeners would be available. If a conflict is
8waived, the pre-admission screener shall disclose the conflict
9of interest to the screened individual in the manner provided
10for by rule of the Department of Human Services. For the
11purposes of this subsection, a "conflict of interest" includes,
12but is not limited to, the existence of a professional or
13financial relationship between (i) a PAS-MH corporate or a
14PAS-MH agent and (ii) a community provider or long-term care
16    (b) In addition to the screening required by subsection
17(a), a facility, except for those licensed as long term care
18for under age 22 facilities, shall, within 24 hours after
19admission, request a criminal history background check
20pursuant to the Uniform Conviction Information Act for all
21persons age 18 or older seeking admission to the facility,
22unless (i) a background check was initiated by a hospital
23pursuant to subsection (d) of Section 6.09 of the Hospital
24Licensing Act; (ii) the transferring resident is immobile; or
25(iii) the transferring resident is moving into hospice. The
26exemption provided in item (ii) or (iii) of this subsection (b)



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1shall apply only if a background check was completed by the
2facility the resident resided at prior to seeking admission to
3the facility and the resident was transferred to the facility
4with no time passing during which the resident was not
5institutionalized. If item (ii) or (iii) of this subsection (b)
6applies, the prior facility shall provide a copy of its
7background check of the resident and all supporting
8documentation, including, when applicable, the criminal
9history report and the security assessment, to the facility to
10which the resident is being transferred. Background checks
11conducted pursuant to this Section shall be based on the
12resident's name, date of birth, and other identifiers as
13required by the Department of State Police. If the results of
14the background check are inconclusive, the facility shall
15initiate a fingerprint-based check, unless the fingerprint
16check is waived by the Director of Public Health based on
17verification by the facility that the resident is completely
18immobile or that the resident meets other criteria related to
19the resident's health or lack of potential risk which may be
20established by Departmental rule. A waiver issued pursuant to
21this Section shall be valid only while the resident is immobile
22or while the criteria supporting the waiver exist. The facility
23shall provide for or arrange for any required fingerprint-based
24checks to be taken on the premises of the facility. If a
25fingerprint-based check is required, the facility shall
26arrange for it to be conducted in a manner that is respectful



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



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1record inquiries shall be submitted to the Department of State
2Police electronically in the form and manner prescribed by the
3Department of State Police. The Department of State Police may
4charge the facility a fee for processing name-based and
5fingerprint-based criminal history record inquiries. The fee
6shall be deposited into the State Police Services Fund. The fee
7shall not exceed the actual cost of processing the inquiry.
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 attendant
12circumstances, solely for the purposes of evaluating and
13improving 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 Department
18survey confirms the accuracy of the listing. The names of
19persons listed in the database and information that would allow
20them to be individually identified shall not be made public.
21Neither the Department nor any other agency of State government
22may use information in the database to take any action against
23any individual, licensee, or other entity, unless the
24Department or agency receives the information independent of
25this subsection (e). All information collected, maintained, or
26developed under the authority of this subsection (e) for the



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1purposes of the database maintained under this subsection (e)
2shall be treated in the same manner as information that is
3subject to Part 21 of Article VIII of the Code of Civil
5(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".