Full Text of HB4327 98th General Assembly
HB4327ham003 98TH GENERAL ASSEMBLY | Rep. Greg Harris Filed: 3/24/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4327
| 2 | | AMENDMENT NO. ______. Amend House Bill 4327 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Adult Protective Services Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (320 ILCS 20/7.5) | 7 | | Sec. 7.5. Health Care Worker Registry. | 8 | | (a) Reporting to the Registry. The Department on Aging | 9 | | shall report to the Department of Public Health's Health Care | 10 | | Worker Registry the identity and administrative finding of a | 11 | | verified and substantiated decision of abuse, neglect, or | 12 | | financial exploitation of an eligible adult under this Act that | 13 | | is made against any caregiver, including consultants and | 14 | | volunteers, employed by a provider licensed, certified, or | 15 | | regulated by, or paid with public funds from, the Department of | 16 | | Public Health, Healthcare and Family Services, or Human |
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| 1 | | Services, or the Department on Aging. For uncompensated or | 2 | | privately paid caregivers, the Department on Aging shall report | 3 | | only a verified and substantiated decision of significant | 4 | | abuse, neglect, or financial exploitation of an eligible adult | 5 | | under this Act. An administrative finding placed in the | 6 | | Registry shall preclude any caregiver from providing direct | 7 | | access or other services, including consulting and | 8 | | volunteering, in a position with a provider that is licensed, | 9 | | certified, or regulated by, or paid with public funds from or | 10 | | on behalf of, the State of Illinois or any Department thereof, | 11 | | that permits the caregiver direct access to an adult aged 60 or | 12 | | older or an adult, over 18, with a disability or to that | 13 | | individual's living quarters or personal, financial, or | 14 | | medical records. | 15 | | (b) Definitions. As used in this Section: | 16 | | "Direct care" includes, but is not limited to, direct | 17 | | access to an individual, his or her living quarters, or his or | 18 | | her personal, financial, or medical records for the purpose of | 19 | | providing nursing care or assistance with feeding, dressing, | 20 | | movement, bathing, toileting, other personal needs and | 21 | | activities of daily living, or assistance with financial | 22 | | transactions. | 23 | | "Privately paid caregiver" means any caregiver who has been | 24 | | paid with resources other than public funds, regardless of | 25 | | licensure, certification, or regulation by the State of | 26 | | Illinois and any Department thereof. A privately paid caregiver |
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| 1 | | does not include any caregiver that has been licensed, | 2 | | certified, or regulated by a State agency, or paid with public | 3 | | funds. | 4 | | "Significant" means a finding of abuse, neglect, or | 5 | | financial exploitation as determined by the Department that (i) | 6 | | represents a meaningful failure to adequately provide for, or a | 7 | | material indifference to, the financial, health, safety, or | 8 | | medical needs of an eligible adult or (ii) results in an | 9 | | eligible adult's death or other serious deterioration of an | 10 | | eligible adult's financial resources, physical condition, or | 11 | | mental condition. | 12 | | "Uncompensated caregiver" means a caregiver who, in an | 13 | | informal capacity, assists an eligible adult with activities of | 14 | | daily living, financial transactions, or chore housekeeping | 15 | | type duties. "Uncompensated caregiver" does not refer to an | 16 | | individual serving in a formal capacity as a volunteer with a | 17 | | provider licensed, certified, or regulated by a State agency. | 18 | | (c) Access to and use of the Registry. Access to the | 19 | | Registry shall be limited to licensed, certified, or regulated | 20 | | providers by the Department of Public Health, Healthcare and | 21 | | Family Service, or Human Services, or the Department on Aging. | 22 | | The State of Illinois, any Department thereof, or a provider | 23 | | licensed, certified, or regulated, or paid with public funds | 24 | | by, from, or on behalf of the Department of Public Health, | 25 | | Healthcare and Family Services, or Human Services, or the | 26 | | Department on Aging, shall not hire or compensate any person |
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| 1 | | seeking employment, retain any contractors, or accept any | 2 | | volunteers to provide direct care without first conducting an | 3 | | online check of the person through the Department of Public | 4 | | Health's Health Care Worker Registry. The provider shall | 5 | | maintain a copy of the results of the online check to | 6 | | demonstrate compliance with this requirement. The provider is | 7 | | prohibited from hiring, compensating, or accepting a person, | 8 | | including as a consultant or volunteer, for whom the online | 9 | | check reveals a verified and substantiated claim of abuse, | 10 | | neglect, or financial exploitation, to provide direct access to | 11 | | any adult aged 60 or older or any adult, over 18, with a | 12 | | disability. Additionally, a provider is prohibited from | 13 | | retaining a person for whom they gain knowledge of a verified | 14 | | and substantiated claim of abuse, neglect, or financial | 15 | | exploitation in a position that permits the caregiver direct | 16 | | access to provide direct care to any adult aged 60 or older or | 17 | | any adult, over 18, with a disability or direct access to that | 18 | | individual's living quarters or personal, financial, or | 19 | | medical records. Failure to comply with this requirement may | 20 | | subject such a provider to corrective action by the appropriate | 21 | | regulatory agency or other lawful remedies provided under the | 22 | | applicable licensure, certification, or regulatory laws and | 23 | | rules. | 24 | | (d) Notice to caregiver. The Department on Aging shall
| 25 | | establish rules concerning notice to the caregiver in cases of | 26 | | abuse, neglect, or financial exploitation. |
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| 1 | | (e) Notification to eligible adults, guardians, or agents. | 2 | | As part of its investigation, the Department on Aging shall | 3 | | notify an eligible adult, or an eligible adult's guardian or | 4 | | agent, that a caregiver's name may be placed on the Registry | 5 | | based on a finding as described in subsection (a) (a-1) of this | 6 | | Section. | 7 | | (f) Notification to employer. A provider licensed, | 8 | | certified, or regulated by the Department of Public Health, | 9 | | Healthcare and Family Services, or Human Services, or the | 10 | | Department on Aging shall be notified of an administrative | 11 | | finding against any caregiver who is an employee, consultant, | 12 | | or volunteer of a verified and substantiated decision of abuse, | 13 | | neglect, or financial exploitation of an eligible adult under | 14 | | this Act. If there is an imminent risk of danger to the | 15 | | eligible adult or an imminent risk of misuse of personal, | 16 | | medical, or financial information, the caregiver shall | 17 | | immediately be barred from direct access to the eligible adult, | 18 | | his or her living quarters, or his or her personal, financial, | 19 | | or medical records, pending the outcome of any challenge, | 20 | | criminal prosecution, or other type of collateral action. | 21 | | (g) Caregiver challenges. The Department on Aging
shall | 22 | | establish, by rule, procedures concerning caregiver | 23 | | challenges. | 24 | | (h) Caregiver's rights to collateral action. The | 25 | | Department on Aging shall not make any report to the Registry | 26 | | if a caregiver notifies the Department in writing, including |
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| 1 | | any supporting documentation, that he or she is formally | 2 | | challenging an adverse employment action resulting from a | 3 | | verified and substantiated finding of abuse, neglect, or | 4 | | financial exploitation by complaint filed with the Illinois | 5 | | Civil Service Commission, or by another means which seeks to | 6 | | enforce the caregiver's rights pursuant to any applicable | 7 | | collective bargaining agreement. If an action taken by an | 8 | | employer against a caregiver as a result of a finding of abuse, | 9 | | neglect, or financial exploitation is overturned through an | 10 | | action filed with the Illinois Civil Service Commission or | 11 | | under any applicable collective bargaining agreement after | 12 | | that caregiver's name has already been sent to the Registry, | 13 | | the caregiver's name shall be removed from the Registry. | 14 | | (i) Removal from Registry. At any time after a report to | 15 | | the Registry, but no more than once in each successive 3-year | 16 | | period thereafter, for a maximum of 3 such requests, a | 17 | | caregiver may write to the Director of the Department on Aging | 18 | | to request removal of his or her name from the Registry in | 19 | | relationship to a single incident. The caregiver shall bear the | 20 | | burden of showing cause that establishes, by a preponderance of | 21 | | the evidence, that removal of his or her name from the Registry | 22 | | is in the public interest. Upon receiving such a request, the | 23 | | Department on Aging shall conduct an investigation and consider | 24 | | any evidentiary material provided. The Department shall issue a | 25 | | decision either granting or denying removal within 60 calendar | 26 | | days, and shall issue such decision to the caregiver and the |
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| 1 | | Registry. The waiver process at the Department of Public Health | 2 | | does not apply to Registry reports from the Department on | 3 | | Aging. The Department on Aging shall establish standards for | 4 | | the removal of a name from the Registry by rule. | 5 | | (j) Referral of Registry reports to health care facilities. | 6 | | In the event an eligible adult receiving services from a | 7 | | provider agency changes his or her residence from a domestic | 8 | | living situation to that of a health care facility, the | 9 | | provider agency shall use reasonable efforts to promptly inform | 10 | | the health care facility and the appropriate Regional Long Term | 11 | | Care Ombudsman about any Registry reports relating to the | 12 | | eligible adult. For purposes of this Section, a health care | 13 | | facility includes, but is not limited to, any residential | 14 | | facility licensed, certified, or regulated by the Department of | 15 | | Public Health, Healthcare and Family Services, or Human | 16 | | Services.
| 17 | | (k) The Department on Aging shall have immunity, except for | 18 | | willful or wanton misconduct, from any liability, civil or | 19 | | criminal, for reporting information to the
Health Care Worker | 20 | | Registry. | 21 | | (Source: P.A. 98-49, eff. 1-1-14; revised 11-12-13.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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