Full Text of HB4525 98th General Assembly
HB4525ham001 98TH GENERAL ASSEMBLY | Rep. Silvana Tabares Filed: 3/20/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4525
| 2 | | AMENDMENT NO. ______. Amend House Bill 4525 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Health Care Worker Background Check Act is | 5 | | amended by changing Section 70 as follows: | 6 | | (225 ILCS 46/70) | 7 | | Sec. 70. Centers for Medicare and Medicaid Services (CMMS) | 8 | | grant ; Voluntary FBI Fingerprint Demonstration Project . | 9 | | (a) The General Assembly authorizes the establishment of | 10 | | the Voluntary FBI Fingerprint Demonstration Project | 11 | | (Demonstration Project), which shall be consistent with the | 12 | | provisions of the Centers for Medicare and Medicaid Services | 13 | | grant awarded to and distributed by the Department of Public | 14 | | Health pursuant to Title VI, Subtitle B, Part III, Subtitle C, | 15 | | Section 6201 of the Affordable Care Act of 2010. The | 16 | | Demonstration Project is authorized to operate for the period |
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| 1 | | of January 1, 2014 through December 31, 2014 and shall operate | 2 | | until the conclusion of this grant period or until the | 3 | | long-term care facility terminates its participation in the | 4 | | Demonstration Project, whichever occurs sooner. | 5 | | (b) The Long-Term Care Facility Advisory Board established | 6 | | under the Nursing Home Care Act shall act in an advisory | 7 | | capacity to the Demonstration Project. | 8 | | (c) Long-term care facilities voluntarily participating in | 9 | | the Demonstration Project shall, in addition to the provisions | 10 | | of this Section, comply with all requirements set forth in this | 11 | | Act. When conflict between the Act and the provisions of this | 12 | | Section occurs, the provisions of this Section shall supersede | 13 | | until the conclusion of the grant period or until the long-term | 14 | | care facility terminates its participation in the | 15 | | Demonstration Project, whichever occurs sooner. | 16 | | (d) The Department of Public Health shall select at least | 17 | | one facility in the State to participate in the Demonstration | 18 | | Project. | 19 | | (e) For the purposes of determining who shall be required | 20 | | to undergo an FBI fingerprint-based criminal history records | 21 | | check under the Demonstration Project, "direct access | 22 | | employee" means any individual who has access to a patient or | 23 | | resident of a long-term care facility or provider through | 24 | | employment or through a contract with a long-term care facility | 25 | | or provider and has duties that involve or may involve | 26 | | one-on-one contact with a resident of the facility or provider, |
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| 1 | | as determined by the State for purposes of the Demonstration | 2 | | Project. | 3 | | (f) All long-term care facilities licensed under the | 4 | | Nursing Home Care Act are qualified to volunteer for the | 5 | | Demonstration Project. | 6 | | (g) The Department of Public Health shall notify qualified | 7 | | long-term care facilities within 30 days after the effective | 8 | | date of this amendatory Act of the 98th General Assembly of the | 9 | | opportunity to volunteer for the Demonstration Project. The | 10 | | notice shall include information concerning application | 11 | | procedures and deadlines, termination rights, requirements for | 12 | | participation, the selection process, and a | 13 | | question-and-answer document addressing potential conflicts | 14 | | between this Act and the provisions of this Section. | 15 | | (h) Qualified long-term care facilities shall be given a | 16 | | minimum of 30 days after the date of receiving the notice to | 17 | | inform the Department of Public Health, in the form and manner | 18 | | prescribed by the Department of Public Health, of their | 19 | | interest in volunteering for the Demonstration Project. | 20 | | Facilities selected for the Demonstration Project shall be | 21 | | notified, within 30 days after the date of application, of the | 22 | | effective date that their participation in the Demonstration | 23 | | Project will begin, which may vary. | 24 | | (i) The individual applicant shall be responsible for the | 25 | | cost of each individual fingerprint inquiry, which may be | 26 | | offset with grant funds, if available. |
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| 1 | | (a) In this Section:
| 2 | | "Centers for Medicare and Medicaid Services (CMMS) grant" | 3 | | means the grant awarded to and distributed by the Department of | 4 | | Public Health to enhance the conduct of criminal history | 5 | | records checks of certain health care employees. The CMMS grant | 6 | | is authorized by Section 307 of the federal Medicare | 7 | | Prescription Drug, Improvement, and Modernization Act of 2003, | 8 | | which establishes the framework for a program to evaluate | 9 | | national and state background checks on prospective employees | 10 | | with direct access to patients of long-term care facilities or | 11 | | providers. | 12 | | "Selected health care employer" means any of the following | 13 | | selected to participate in the CMMS grant: | 14 | | (1) a community living facility as defined in the | 15 | | Community Living Facility Act; | 16 | | (2) a long-term care facility as defined in the Nursing | 17 | | Home Care Act; | 18 | | (3) a home health agency as defined in the Home Health, | 19 | | Home Services, and Home Nursing Agency Licensing Act; | 20 | | (4) a full hospice as defined in the Hospice Licensing | 21 | | Act; | 22 | | (5) an establishment licensed under the Assisted | 23 | | Living and Shared Housing Act; | 24 | | (6) a supportive living facility as defined in the | 25 | | Illinois Public Aid Code; | 26 | | (7) a day training program certified by the Department |
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| 1 | | 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; or
| 6 | | (9) a long-term care hospital or hospital with swing | 7 | | beds.
| 8 | | (b) Selected health care employers shall be phased in to | 9 | | participate in the CMMS grant between January 1, 2006 and | 10 | | January 1, 2007, as prescribed by the Department of Public | 11 | | Health by rule. | 12 | | (c) With regards to individuals hired on or after January | 13 | | 1, 2006 who have direct access to residents, patients, or | 14 | | clients of the selected health care employer, selected health | 15 | | care employers must comply with Section 25 of this Act. | 16 | | "Individuals who have direct access" includes, but is not | 17 | | limited to, (i) direct care workers as described in subsection | 18 | | (a) of Section 25; (ii) individuals licensed by the Department | 19 | | of Financial and Professional Regulation, such as nurses, | 20 | | social workers, physical therapists, occupational therapists, | 21 | | and pharmacists; (iii) individuals who provide services on | 22 | | site, through contract; and (iv) non-direct care workers, such | 23 | | as those who work in environmental services, food service, and | 24 | | administration. | 25 | | "Individuals who have direct access" does not include | 26 | | physicians or volunteers. |
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| 1 | | The Department of Public Health may further define | 2 | | "individuals who have direct access" by rule.
| 3 | | (j) (d) Each applicant seeking employment in a position | 4 | | described in subsection (e) (c) of this Section with a selected | 5 | | health care employer shall, as a condition of employment, have | 6 | | his or her fingerprints submitted to the Department of State | 7 | | Police in an electronic format that complies with the form and | 8 | | manner for requesting and furnishing criminal history record | 9 | | information by the Department of State Police and the Federal | 10 | | Bureau of Investigation criminal history record databases now | 11 | | and hereafter filed . The Department of State Police shall | 12 | | forward the fingerprints to the Federal Bureau of Investigation | 13 | | for a national criminal history records check. The Department | 14 | | of State Police shall charge a fee for conducting the criminal | 15 | | history records check, which shall not exceed the actual cost | 16 | | of the records check and shall be deposited into the State | 17 | | Police Services Fund. The Department of State Police shall | 18 | | furnish, pursuant to positive identification, records of | 19 | | Illinois convictions to the Department of Public Health. | 20 | | (e) A selected health care employer who makes a conditional | 21 | | offer of employment to an applicant shall: | 22 | | (1) ensure that the applicant has complied with the | 23 | | fingerprinting requirements of this Section; | 24 | | (2) complete documentation relating to any criminal | 25 | | history record, as revealed by the applicant, as prescribed | 26 | | by rule by the Department of Public Health; |
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| 1 | | (3) complete documentation of the applicant's personal | 2 | | identifiers as prescribed by rule by the Department of | 3 | | Public Health; and | 4 | | (4) provide supervision, as prescribed by rule by the | 5 | | licensing agency, if the applicant is hired and allowed to | 6 | | work prior to the results of the criminal history records | 7 | | check being obtained. | 8 | | (f) A selected health care employer having actual knowledge | 9 | | from a source that an individual with direct access to a | 10 | | resident, patient, or client has been convicted of committing | 11 | | or attempting to commit one of the offenses enumerated in | 12 | | Section 25 of this Act shall contact the licensing agency or | 13 | | follow other instructions as prescribed by administrative | 14 | | rule. | 15 | | (k) (g) A fingerprint-based criminal history records check | 16 | | submitted in accordance with subsection (j) (d) of this Section | 17 | | shall must be submitted as a fee applicant inquiry in the form | 18 | | and manner prescribed by the Department of State Police.
| 19 | | (l) A long-term care facility may terminate its | 20 | | participation in the Demonstration Project without prejudice | 21 | | by providing the Department of Public Health with notice of its | 22 | | intent to terminate at least 30 days prior to its voluntary | 23 | | termination. | 24 | | (m) (h) This Section shall be inapplicable upon the | 25 | | conclusion of the CMMS grant period .
| 26 | | (Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06; |
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| 1 | | 95-331, eff. 8-21-07; revised 11-14-13.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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