Full Text of SB3037 94th General Assembly
SB3037 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3037
Introduced 1/20/2006, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
|
210 ILCS 45/1-114.01 |
|
210 ILCS 45/2-201.5 |
|
210 ILCS 45/3-402 |
from Ch. 111 1/2, par. 4153-402 |
|
Amends the Nursing Home Care Act. Provides that "identified offender" includes (i) a person who has been convicted of any felony offense listed in certain provisions of the Health Care Worker Background Check Act in the 5 years preceding his or her admission to a nursing facility (adding the 5-year time period limitation) or (ii) a person who has ever been convicted of certain specified offenses, including murder, solicitation of murder, kidnapping, indecent solicitation of a child, aggravated domestic battery, and others. Provides that identified offenders shall not be admitted to a nursing home unless the screening agency has requested criminal history record information in accordance with the Uniform Conviction Information Act; provides that individuals may be admitted to a nursing home while the results of a criminal history record information request are pending. Creates an exemption from the restrictions on involuntary transfer or discharge of a nursing home resident if the resident has been found to be an identified offender. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB3037 |
|
LRB094 17578 DRJ 52874 b |
|
| 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 |
| Sections 1-114.01, 2-201.5, and 3-402 as follows: | 6 |
| (210 ILCS 45/1-114.01)
| 7 |
| Sec. 1-114.01. Identified offender. "Identified offender" | 8 |
| means a person who has been convicted of any felony offense | 9 |
| listed in Section 25 of the Health Care Worker Background Check | 10 |
| Act, is a registered sex offender, or is serving a term of | 11 |
| parole, mandatory supervised release, or probation for a felony | 12 |
| offense , or has been convicted of any felony offense listed in | 13 |
| Section 25 of the Health Care Worker Background Check Act in | 14 |
| the 5 years preceding his or her admission to a nursing | 15 |
| facility, or has ever been convicted of any the following | 16 |
| offenses under the Criminal Code of 1961: | 17 |
| (1) Solicitation of murder or solicitation of murder | 18 |
| for hire. | 19 |
| (2) First degree murder, drug-induced homicide, | 20 |
| involuntary manslaughter, reckless homicide, intentional | 21 |
| homicide of an unborn child, voluntary manslaughter of an | 22 |
| unborn child, involuntary manslaughter of an unborn child, | 23 |
| reckless homicide of an unborn child, or concealment of | 24 |
| homicidal death. | 25 |
| (3) Kidnaping or aggravated kidnaping. | 26 |
| (4) Indecent solicitation of a child, sexual | 27 |
| exploitation of a child, exploitation of a child, or child | 28 |
| pornography. | 29 |
| (5) Aggravated domestic battery, aggravated battery, | 30 |
| heinous battery, aggravated battery with a firearm, | 31 |
| aggravated battery with a machine gun, aggravated battery | 32 |
| of a child, aggravated battery of an unborn child, |
|
|
|
SB3037 |
- 2 - |
LRB094 17578 DRJ 52874 b |
|
| 1 |
| aggravated battery of a senior citizen, or drug induced | 2 |
| infliction of great bodily harm. | 3 |
| (6) Criminal sexual assault or aggravated criminal | 4 |
| sexual assault. | 5 |
| (7) Criminal sexual abuse, aggravated criminal sexual | 6 |
| abuse, or predatory criminal sexual assault of a child. | 7 |
| (8) Abuse or criminal neglect of a long-term care | 8 |
| facility resident. | 9 |
| (9) Criminal abuse or neglect of an elderly or disabled | 10 |
| person. | 11 |
| (10) Financial exploitation of an elderly person or a | 12 |
| person with a disability. | 13 |
| (11) Armed robbery. | 14 |
| (12) Aggravated vehicular hijacking. | 15 |
| (13) Aggravated robbery .
| 16 |
| (Source: P.A. 94-163, eff. 7-11-05.)
| 17 |
| (210 ILCS 45/2-201.5)
| 18 |
| Sec. 2-201.5. Screening prior to admission. | 19 |
| (a) All persons age 18 or older seeking admission to a | 20 |
| nursing
facility must be screened to
determine the need for | 21 |
| nursing facility services prior to being admitted,
regardless | 22 |
| of income, assets, or funding source. In addition, any person | 23 |
| who
seeks to become eligible for medical assistance from the | 24 |
| Medical Assistance
Program under the Illinois Public Aid Code | 25 |
| to pay for long term care services
while residing in a facility | 26 |
| must be screened prior to receiving those
benefits. Screening | 27 |
| for nursing facility services shall be administered
through | 28 |
| procedures established by administrative rule. Screening may | 29 |
| be done
by agencies other than the Department as established by | 30 |
| administrative rule.
This Section applies on and after July 1, | 31 |
| 1996. | 32 |
| (b) In addition to the screening required by subsection | 33 |
| (a), identified offenders who seek admission to a licensed | 34 |
| facility shall not be admitted unless the screening agency has | 35 |
| requested criminal history record information in accordance |
|
|
|
SB3037 |
- 3 - |
LRB094 17578 DRJ 52874 b |
|
| 1 |
| with the Uniform Conviction Information Act and the licensed | 2 |
| facility complies with the requirements of the Department's | 3 |
| administrative rules adopted pursuant to Section 3-202.3.
| 4 |
| Individuals may be admitted to a licensed facility while the | 5 |
| results of a criminal history record information request are | 6 |
| pending.
| 7 |
| (Source: P.A. 94-163, eff. 7-11-05.)
| 8 |
| (210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)
| 9 |
| Sec. 3-402. Involuntary transfer or discharge of a resident | 10 |
| from a facility
shall be preceded by the discussion required | 11 |
| under Section 3-408 and by
a minimum written notice
of 21 days, | 12 |
| except in one of the following instances:
| 13 |
| (a) when an emergency transfer or discharge is ordered
by | 14 |
| the resident's attending physician because of the resident's | 15 |
| health
care needs; or
| 16 |
| (b) when the transfer or discharge is mandated by the | 17 |
| physical safety of
other residents, the facility staff, or | 18 |
| facility visitors, as
documented in the clinical record , or the | 19 |
| resident has been found to be an identified offender as defined | 20 |
| in Section 1-114.01 of this Act .
The Department shall be | 21 |
| notified prior to any such involuntary transfer
or discharge. | 22 |
| The Department shall immediately offer transfer, or discharge
| 23 |
| and relocation assistance to residents transferred or | 24 |
| discharged under this
subparagraph (b), and the Department may | 25 |
| place relocation teams as
provided in Section 3-419 of this | 26 |
| Act.
| 27 |
| (Source: P.A. 84-1322.)
| 28 |
| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.
|
|