Bill Status of HB4541  97th General Assembly

Short Description:  DHS-HOME SRVICES-RESTRICTIONS

House Sponsors
Rep. Joe Sosnowski

Senate Sponsors
(Sen. Tim Bivins)

Last Action
DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
20 ILCS 2405/3from Ch. 23, par. 3434


Synopsis As Introduced
Amends the Disabled Persons Rehabilitation Act. Provides that a person is not eligible for employment as a personal care attendant or personal assistant under the Department of Human Services' Home Services Program if that person has been convicted of a felony, has been arrested for a criminal offense, or is an immediate family member of the individual receiving services under the Program.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts similar provisions, but with the following additions: Provides that any person who applies for employment as a personal care attendant or personal assistant under the Department of Human Services' Home Services Program shall submit to a criminal history background check. Authorizes the Department to promulgate rules necessary to implement this provision. Provides that a person is not eligible for employment as a personal care attendant or personal assistant under the Home Services Program if that person has been convicted of a felony, has been arrested for a criminal offense, or has an outstanding arrest warrant (rather than if that person has been convicted of a felony, has been arrested for a criminal offense, or is an immediate family member of the individual receiving services under the Program). Exempts persons who apply for employment as a personal care attendant or personal assistant under any program administered by the Department on Aging from the criminal history background check requirement.

House Floor Amendment No. 5
Removes the bill's amendatory changes, as amended by House Amendment No. 1, and instead provides that any person providing services as a personal assistant or an individual provider under the Department of Human Services' Home Services Program shall submit to a criminal history background check. Provides that the Department shall promulgate rules that (i) are necessary to implement this provision; and (ii) indicate any condition or circumstance when a personal assistant or individual provider shall be denied employment as a result of the criminal history background check. Defines "individual provider" to mean a person providing services under the Home Services Program who is a personal assistant, registered nurse, licensed practical nurse, certified nurse assistant, occupational therapist, physical therapist, or speech therapist and has been privately hired by the customer.

 Fiscal Note, House Floor Amendment No. 5 (Dept. of Human Services)
 There will be a cost for each criminal history background check. At an estimated average cost of $15 per background check and an estimated 13,000 to 15,000 checks per year would increase program costs by approximately $200,000 annually. In addition, the Department of Human Services estimates there would be a reduction in the number of fraud cases, which would reduce costs by an estimated $10,000 per year.

 Fiscal Note, House Floor Amendment No. 5 (Dept. of Human Services)
 There will be a cost for each criminal history background check. At an estimated average cost of $15 per background check and an estimated 10,000 to 12,000 checks per year would increase program costs by approximately $150,000 annually. The cost of background checks are eligible for Medicaid match, at 50% reimbursement, net cost to the State would be an estimated $75,000. In addition, the Department of Human Services anticipates a reduction in the number of fraud cases which would offset the cost of the background checks.

Actions 
DateChamber Action
  1/31/2012HouseFiled with the Clerk by Rep. Joe Sosnowski
  1/31/2012HouseFirst Reading
  1/31/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Human Services Committee
  3/6/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Joe Sosnowski
  3/6/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/6/2012HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/7/2012HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/7/2012HouseDo Pass as Amended / Short Debate Human Services Committee; 010-001-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/7/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Joe Sosnowski
  3/7/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/20/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Joe Sosnowski
  3/20/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/21/2012HouseHouse Floor Amendment No. 2 Rules Refers to Human Services Committee
  3/22/2012HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Joe Sosnowski
  3/22/2012HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  3/22/2012HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  3/23/2012HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Joe Sosnowski
  3/23/2012HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  3/26/2012HouseHouse Floor Amendment No. 5 Rules Refers to Human Services Committee
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/27/2012HouseHouse Floor Amendment No. 5 Recommends Be Adopted Human Services Committee; 006-004-000
  3/28/2012HouseFiscal Note Requested by Rep. Kelly M. Cassidy
  3/29/2012HouseHouse Floor Amendment No. 5 Fiscal Note Filed as Amended
  3/29/2012HouseHouse Floor Amendment No. 5 Fiscal Note Filed as Amended ; Revised
  3/30/2012HouseHouse Floor Amendment No. 4 Withdrawn by Rep. Joe Sosnowski
  3/30/2012HouseHouse Floor Amendment No. 5 Adopted by Voice Vote
  3/30/2012HouseFiscal Note Request is Inapplicable
  3/30/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/30/2012HouseThird Reading - Short Debate - Passed 080-031-000
  3/30/2012HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  3/30/2012HouseHouse Floor Amendment No. 3 Tabled Pursuant to Rule 40
  4/11/2012SenateArrive in Senate
  4/11/2012SenatePlaced on Calendar Order of First Reading April 17, 2012
  4/11/2012SenateChief Senate Sponsor Sen. Tim Bivins
  4/17/2012SenateFirst Reading
  4/17/2012SenateReferred to Assignments
  1/8/2013HouseSession Sine Die