Illinois General Assembly - Full Text of Public Act 099-0453
Illinois General Assembly

Previous General Assemblies

Public Act 099-0453





Public Act 099-0453
HB3841 EnrolledLRB099 09358 RPS 29563 b

    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
Section 2-201.5 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. 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. This Section applies on and after July 1,
1996. No later than October 1, 2010, the Department of
Healthcare and Family Services, in collaboration with the
Department on Aging, the Department of Human Services, and the
Department of Public Health, shall file administrative rules
providing for the gathering, during the screening process, of
information relevant to determining each person's potential
for placing other residents, employees, and visitors at risk of
    (a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility
due to a need for mental health services. For a person who
needs mental health services, the screening shall also include
an evaluation of whether there is permanent supportive housing,
or an array of community mental health services, including but
not limited to supported housing, assertive community
treatment, and peer support services, that would enable the
person to live in the community. The person shall be told about
the existence of any such services that would enable the person
to live safely and humanely and about available appropriate
nursing home services that would enable the person to live
safely and humanely, and the person shall be given the
assistance necessary to avail himself or herself of any
available services.
    (a-2) Pre-screening for persons with a serious mental
illness shall be performed by a psychiatrist, a psychologist, a
registered nurse certified in psychiatric nursing, a licensed
clinical professional counselor, or a licensed clinical social
worker, who is competent to (i) perform a clinical assessment
of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for
treatment, including substance abuse treatment, and recommend
specific treatment, and (iv) determine whether a facility or a
community-based program is able to meet the needs of the
    For any person entering a nursing facility, the
pre-screening agent shall make specific recommendations about
what care and services the individual needs to receive,
beginning at admission, to attain or maintain the individual's
highest level of independent functioning and to live in the
most integrated setting appropriate for his or her physical and
personal care and developmental and mental health needs. These
recommendations shall be revised as appropriate by the
pre-screening or re-screening agent based on the results of
resident review and in response to changes in the resident's
wishes, needs, and interest in transition.
    Upon the person entering the nursing facility, the
Department of Human Services or its designee shall assist the
person in establishing a relationship with a community mental
health agency or other appropriate agencies in order to (i)
promote the person's transition to independent living and (ii)
support the person's progress in meeting individual goals.
    (a-3) The Department of Human Services, by rule, shall
provide for a prohibition on conflicts of interest for
pre-admission screeners. The rule shall provide for waiver of
those conflicts by the Department of Human Services if the
Department of Human Services determines that a scarcity of
qualified pre-admission screeners exists in a given community
and that, absent a waiver of conflicts, an insufficient number
of pre-admission screeners would be available. If a conflict is
waived, the pre-admission screener shall disclose the conflict
of interest to the screened individual in the manner provided
for by rule of the Department of Human Services. For the
purposes of this subsection, a "conflict of interest" includes,
but is not limited to, the existence of a professional or
financial relationship between (i) a PAS-MH corporate or a
PAS-MH agent and (ii) a community provider or long-term care
    (b) In addition to the screening required by subsection
(a), a facility, except for those licensed as long term care
for under age 22 facilities, shall, within 24 hours after
admission, request a criminal history background check
pursuant to the Uniform Conviction Information Act for all
persons age 18 or older seeking admission to the facility,
unless (i) a background check was initiated by a hospital
pursuant to subsection (d) of Section 6.09 of the Hospital
Licensing Act; (ii) the transferring resident is immobile; or
(iii) the transferring resident is moving into hospice. The
exemption provided in item (ii) or (iii) of this subsection (b)
shall apply only if a 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. If item (ii) or (iii) of this subsection (b)
applies, the prior facility shall provide a copy of its
background check of the resident and all supporting
documentation, including, when applicable, the criminal
history report and the security assessment, to the facility to
which the resident is being transferred. Background checks
conducted pursuant to this Section shall be based on the
resident's name, date of birth, and other identifiers as
required by the Department of State Police. If the results of
the background check are inconclusive, the facility shall
initiate a fingerprint-based check, unless the fingerprint
check is waived by the Director of Public Health based on
verification by the facility that the resident is completely
immobile or that the resident meets other criteria related to
the resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility
shall provide for or arrange for any required fingerprint-based
checks to be taken on the premises of the facility. If a
fingerprint-based check is required, the facility shall
arrange for it to be conducted in a manner that is respectful
of the resident's dignity and that minimizes any emotional or
physical hardship to the resident.
    (c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01, the facility shall do
the following:
        (1) Immediately notify the Department of State Police,
    in the form and manner required by the Department of State
    Police, in collaboration with the Department of Public
    Health, that the resident is an identified offender.
        (2) Within 72 hours, arrange for a fingerprint-based
    criminal history record inquiry to be requested on the
    identified offender resident. The inquiry shall be based on
    the subject's name, sex, race, date of birth, fingerprint
    images, and other identifiers required by the Department of
    State Police. The inquiry shall be processed through the
    files of the Department of State Police and the Federal
    Bureau of Investigation to locate any criminal history
    record information that may exist regarding the subject.
    The Federal Bureau of Investigation shall furnish to the
    Department of State Police, pursuant to an inquiry under
    this paragraph (2), any criminal history record
    information contained in its files.
    The facility shall comply with all applicable provisions
contained in the Uniform Conviction Information Act.
    All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Department of State
Police electronically in the form and manner prescribed by the
Department of State Police. The Department of State Police may
charge the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The fee
shall be deposited into the State Police Services Fund. The fee
shall not exceed the actual cost of processing the inquiry.
    (d) (Blank).
    (e) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6) and the adequacy of Department requirements
concerning the provision of care and services to residents. A
resident shall not be listed in the database until a Department
survey confirms the accuracy of the listing. The names of
persons listed in the database and information that would allow
them to be individually identified shall not be made public.
Neither the Department nor any other agency of State government
may use information in the database to take any action against
any individual, licensee, or other entity, unless the
Department or agency receives the information independent of
this subsection (e). All information collected, maintained, or
developed under the authority of this subsection (e) for the
purposes of the database maintained under this subsection (e)
shall be treated in the same manner as information that is
subject to Part 21 of Article VIII of the Code of Civil
(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2015