Full Text of HB3841 99th General Assembly
HB3841ham002 99TH GENERAL ASSEMBLY | Rep. Elgie R. Sims, Jr. Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3841
| 2 | | AMENDMENT NO. ______. Amend House Bill 3841 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 2-201.5 as follows: | 6 | | (210 ILCS 45/2-201.5) | 7 | | Sec. 2-201.5. Screening prior to admission. | 8 | | (a) All persons age 18 or older seeking admission to a | 9 | | nursing
facility must be screened to
determine the need for | 10 | | nursing facility services prior to being admitted,
regardless | 11 | | of income, assets, or funding source. Screening for nursing | 12 | | facility services shall be administered
through procedures | 13 | | established by administrative rule. Screening may be done
by | 14 | | agencies other than the Department as established by | 15 | | administrative rule.
This Section applies on and after July 1, | 16 | | 1996. No later than October 1, 2010, the Department of |
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| 1 | | Healthcare and Family Services, in collaboration with the | 2 | | Department on Aging, the Department of Human Services, and the | 3 | | Department of Public Health, shall file administrative rules | 4 | | providing for the gathering, during the screening process, of | 5 | | information relevant to determining each person's potential | 6 | | for placing other residents, employees, and visitors at risk of | 7 | | harm. | 8 | | (a-1) Any screening performed pursuant to subsection (a) of
| 9 | | this Section shall include a determination of whether any
| 10 | | person is being considered for admission to a nursing facility | 11 | | due to a
need for mental health services. For a person who | 12 | | needs
mental health services, the screening shall
also include | 13 | | an evaluation of whether there is permanent supportive housing, | 14 | | or an array of
community mental health services, including but | 15 | | not limited to
supported housing, assertive community | 16 | | treatment, and peer support services, that would enable the | 17 | | person to live in the community. The person shall be told about | 18 | | the existence of any such services that would enable the person | 19 | | to live safely and humanely and about available appropriate | 20 | | nursing home services that would enable the person to live | 21 | | safely and humanely, and the person shall be given the | 22 | | assistance necessary to avail himself or herself of any | 23 | | available services. | 24 | | (a-2) Pre-screening for persons with a serious mental | 25 | | illness shall be performed by a psychiatrist, a psychologist, a | 26 | | registered nurse certified in psychiatric nursing, a licensed |
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| 1 | | clinical professional counselor, or a licensed clinical social | 2 | | worker,
who is competent to (i) perform a clinical assessment | 3 | | of the individual, (ii) certify a diagnosis, (iii) make a
| 4 | | determination about the individual's current need for | 5 | | treatment, including substance abuse treatment, and recommend | 6 | | specific treatment, and (iv) determine whether a facility or a | 7 | | community-based program
is able to meet the needs of the | 8 | | individual. | 9 | | For any person entering a nursing facility, the | 10 | | pre-screening agent shall make specific recommendations about | 11 | | what care and services the individual needs to receive, | 12 | | beginning at admission, to attain or maintain the individual's | 13 | | highest level of independent functioning and to live in the | 14 | | most integrated setting appropriate for his or her physical and | 15 | | personal care and developmental and mental health needs. These | 16 | | recommendations shall be revised as appropriate by the | 17 | | pre-screening or re-screening agent based on the results of | 18 | | resident review and in response to changes in the resident's | 19 | | wishes, needs, and interest in transition. | 20 | | Upon the person entering the nursing facility, the | 21 | | Department of Human Services or its designee shall assist the | 22 | | person in establishing a relationship with a community mental | 23 | | health agency or other appropriate agencies in order to (i) | 24 | | promote the person's transition to independent living and (ii) | 25 | | support the person's progress in meeting individual goals. | 26 | | (a-3) The Department of Human Services, by rule, shall |
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| 1 | | provide for a prohibition on conflicts of interest for | 2 | | pre-admission screeners. The rule shall provide for waiver of | 3 | | those conflicts by the Department of Human Services if the | 4 | | Department of Human Services determines that a scarcity of | 5 | | qualified pre-admission screeners exists in a given community | 6 | | and that, absent a waiver of conflicts, an insufficient number | 7 | | of pre-admission screeners would be available. If a conflict is | 8 | | waived, the pre-admission screener shall disclose the conflict | 9 | | of interest to the screened individual in the manner provided | 10 | | for by rule of the Department of Human Services. For the | 11 | | purposes of this subsection, a "conflict of interest" includes, | 12 | | but is not limited to, the existence of a professional or | 13 | | financial relationship between (i) a PAS-MH corporate or a | 14 | | PAS-MH agent and (ii) a community provider or long-term care | 15 | | facility. | 16 | | (b) In addition to the screening required by subsection | 17 | | (a), a facility, except for those licensed as long term care | 18 | | for under age 22 facilities, shall, within 24 hours after | 19 | | admission, request a criminal history background check | 20 | | pursuant to the Uniform Conviction Information Act for all | 21 | | persons age 18 or older seeking admission to the facility, | 22 | | unless (i) a background check was initiated by a hospital | 23 | | pursuant to subsection (d) of Section 6.09 of the Hospital | 24 | | Licensing Act or (ii) a background check was completed by the | 25 | | facility the resident resided at prior to seeking admission to | 26 | | the facility and the resident was transferred to the facility |
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| 1 | | with no time passing during which the resident was not | 2 | | institutionalized. If item (ii) of this subsection (b) applies, | 3 | | the prior facility shall provide a copy of its background check | 4 | | of the resident and all supporting documentation, including, | 5 | | when applicable, the criminal history report and the security | 6 | | assessment, to the facility to which the resident is being | 7 | | transferred . Background checks conducted pursuant to this | 8 | | Section shall be based on the resident's name, date of birth, | 9 | | and other identifiers as required by the Department of State | 10 | | Police. If the results of the background check are | 11 | | inconclusive, the facility shall initiate a fingerprint-based | 12 | | check, unless the fingerprint check is waived by the Director | 13 | | of Public Health based on verification by the facility that the | 14 | | resident is completely immobile or that the resident meets | 15 | | other criteria related to the resident's health or lack of | 16 | | potential risk which may be established by Departmental rule. A | 17 | | waiver issued pursuant to this Section shall be valid only | 18 | | while the resident is immobile or while the criteria supporting | 19 | | the waiver exist. The facility shall provide for or arrange for | 20 | | any required fingerprint-based checks to be taken on the | 21 | | premises of the facility. If a fingerprint-based check is | 22 | | required, the facility shall arrange for it to be conducted in | 23 | | a manner that is respectful of the resident's dignity and that | 24 | | minimizes any emotional or physical hardship to the resident. | 25 | | (c) If the results of a resident's criminal history | 26 | | background check reveal that the resident is an identified |
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| 1 | | offender as defined in Section 1-114.01, the facility shall do | 2 | | the following: | 3 | | (1) Immediately notify the Department of State Police, | 4 | | in the form and manner required by the Department of State | 5 | | Police, in collaboration with the Department of Public | 6 | | Health, that the resident is an identified offender. | 7 | | (2) Within 72 hours, arrange for a fingerprint-based | 8 | | criminal history record inquiry to be requested on the | 9 | | identified offender resident. The inquiry shall be based on | 10 | | the subject's name, sex, race, date of birth, fingerprint | 11 | | images, and other identifiers required by the Department of | 12 | | State Police. The inquiry shall be processed through the | 13 | | files of the Department of State Police and the Federal | 14 | | Bureau of Investigation to locate any criminal history | 15 | | record information that may exist regarding the subject. | 16 | | The Federal Bureau of Investigation shall furnish to the | 17 | | Department of State Police,
pursuant to an inquiry under | 18 | | this paragraph (2),
any criminal history record | 19 | | information contained in its
files. | 20 | | The facility shall comply with all applicable provisions | 21 | | contained in the Uniform Conviction Information Act. | 22 | | All name-based and fingerprint-based criminal history | 23 | | record inquiries shall be submitted to the Department of State | 24 | | Police electronically in the form and manner prescribed by the | 25 | | Department of State Police. The Department of State Police may | 26 | | charge the facility a fee for processing name-based and |
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| 1 | | fingerprint-based criminal history record inquiries. The fee | 2 | | shall be deposited into the State Police Services Fund. The fee | 3 | | shall not exceed the actual cost of processing the inquiry. | 4 | | (d) (Blank).
| 5 | | (e) The Department shall develop and maintain a | 6 | | de-identified database of residents who have injured facility | 7 | | staff, facility visitors, or other residents, and the attendant | 8 | | circumstances, solely for the purposes of evaluating and | 9 | | improving resident pre-screening and assessment procedures | 10 | | (including the Criminal History Report prepared under Section | 11 | | 2-201.6) and the adequacy of Department requirements | 12 | | concerning the provision of care and services to residents. A | 13 | | resident shall not be listed in the database until a Department | 14 | | survey confirms the accuracy of the listing. The names of | 15 | | persons listed in the database and information that would allow | 16 | | them to be individually identified shall not be made public. | 17 | | Neither the Department nor any other agency of State government | 18 | | may use information in the database to take any action against | 19 | | any individual, licensee, or other entity, unless the | 20 | | Department or agency receives the information independent of | 21 | | this subsection (e). All information
collected, maintained, or | 22 | | developed under the authority of this subsection (e) for the | 23 | | purposes of the database maintained under this subsection (e) | 24 | | shall be treated in the same manner as information that is | 25 | | subject to Part 21 of Article VIII of the Code of Civil | 26 | | Procedure. |
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| 1 | | (Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)".
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