Full Text of HB2531 94th General Assembly
HB2531sam001 94TH GENERAL ASSEMBLY
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Sen. Edward D. Maloney
Filed: 4/14/2005
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09400HB2531sam001 |
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LRB094 09883 RAS 45168 a |
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| AMENDMENT TO HOUSE BILL 2531
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| AMENDMENT NO. ______. Amend House Bill 2531 on page 1, line | 3 |
| 5, after "40", by inserting "and by adding Section 70"; and
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| on page 10, immediately below line 29, by inserting the | 5 |
| following: | 6 |
| "(225 ILCS 46/70 new) | 7 |
| Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | 8 |
| grant. | 9 |
| (a) "Selected health care employer" means any of the | 10 |
| following that are located in counties selected to participate | 11 |
| in the CMMS grant: | 12 |
| (1) a community living facility as defined in the | 13 |
| Community Living Facility Act; | 14 |
| (2) a long-term care facility as defined in the Nursing | 15 |
| Home Care Act; | 16 |
| (3) a home health agency as defined in the Home Health | 17 |
| Agency Licensing Act; | 18 |
| (4) a full hospice as defined in the Hospice Licensing | 19 |
| Act; | 20 |
| (5) an establishment licensed under the Assisted | 21 |
| Living and Shared Housing Act; | 22 |
| (6) a supportive living facility as defined in the | 23 |
| Illinois Public Aid Code; | 24 |
| (7) a day training program certified by the Department |
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LRB094 09883 RAS 45168 a |
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| of Human Services; | 2 |
| (8) a community integrated living arrangement operated | 3 |
| by a community mental health and developmental service | 4 |
| agency as defined in the Community Integrated Living | 5 |
| Arrangements Licensing and Certification Act.
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| (b) Selected health care employers shall be phased in to | 7 |
| participate in the CMMS grant between January 1, 2006 and | 8 |
| January 1, 2007, as prescribed by the Department of Public | 9 |
| Health by rule. | 10 |
| (c) With regards to individuals who have direct access to | 11 |
| residents, patients, or clients of the selected health care | 12 |
| employer, selected health care employers must comply with | 13 |
| Section 25 of this Act. | 14 |
| "Individuals who have direct access" includes, but is not | 15 |
| limited to, (i) direct care workers as described in subsection | 16 |
| (a) of Section 25; (ii) individuals licensed by the Department | 17 |
| of Financial and Professional Regulation, such as nurses, | 18 |
| physicians, social workers, physical therapists, occupational | 19 |
| therapists, and pharmacists; (iii) individuals who provide | 20 |
| services on site, through contract; and (iv) non-direct care | 21 |
| workers, such as those who work in environmental services, food | 22 |
| service, and administration. | 23 |
| "Individuals who have direct access" does not include | 24 |
| volunteers. | 25 |
| The Department of Public Health may further define | 26 |
| "individuals who have direct access" by rule.
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| (d) Each applicant seeking employment in a position | 28 |
| described in subsection (c) of this Section with a selected | 29 |
| health care employer shall, as a condition of employment, have | 30 |
| his or her fingerprints submitted to the Department of State | 31 |
| Police in an electronic format that complies with the form and | 32 |
| manner for requesting and furnishing criminal history record | 33 |
| information by the Department of State Police and the Federal | 34 |
| Bureau of Investigation criminal history record databases now |
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| and hereafter filed. The Department of State Police shall | 2 |
| charge a fee for conducting the criminal history records check, | 3 |
| which shall not exceed the actual cost of the records check. | 4 |
| The Department of State Police shall furnish, pursuant to | 5 |
| positive identification, records of Illinois convictions to | 6 |
| the Department of Public Health. | 7 |
| (e) A selected health care employer who makes a conditional | 8 |
| offer of employment to an applicant shall: | 9 |
| (1) ensure that the applicant has complied with the | 10 |
| fingerprinting requirements of this Section; | 11 |
| (2) complete documentation relating to any criminal | 12 |
| history record, as revealed by the applicant, as prescribed | 13 |
| by rule by the Department of Public Health; | 14 |
| (3) complete documentation of the applicant's personal | 15 |
| identifiers as prescribed by rule by the Department of | 16 |
| Public Health; and | 17 |
| (4) provide supervision, as prescribed by rule by the | 18 |
| licensing agency, if the applicant is hired and allowed to | 19 |
| work prior to the results of the criminal history records | 20 |
| check being obtained. | 21 |
| (f) A selected health care employer having actual knowledge | 22 |
| from a source that an individual with direct access to a | 23 |
| resident, patient, or client has been convicted of committing | 24 |
| or attempting to commit one of the offenses enumerated in | 25 |
| Section 25 of this Act shall contact the licensing agency or | 26 |
| follow other instructions as prescribed by administrative | 27 |
| rule. | 28 |
| (g) This Section shall be inapplicable upon the conclusion | 29 |
| of the CMMS grant. ".
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