Full Text of HB4525 98th General Assembly
HB4525enr 98TH GENERAL ASSEMBLY |
| | HB4525 Enrolled | | LRB098 17703 ZMM 52818 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 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 | 17 | | of January 1, 2014 through December 31, 2014 and shall operate | 18 | | until the conclusion of this grant period or until the | 19 | | long-term care facility terminates its participation in the | 20 | | Demonstration Project, whichever occurs sooner. | 21 | | (b) The Long-Term Care Facility Advisory Board established | 22 | | under the Nursing Home Care Act shall act in an advisory | 23 | | capacity to the Demonstration Project. |
| | | HB4525 Enrolled | - 2 - | LRB098 17703 ZMM 52818 b |
|
| 1 | | (c) Long-term care facilities voluntarily participating in | 2 | | the Demonstration Project shall, in addition to the provisions | 3 | | of this Section, comply with all requirements set forth in this | 4 | | Act. When conflict between the Act and the provisions of this | 5 | | Section occurs, the provisions of this Section shall supersede | 6 | | until the conclusion of the grant period or until the long-term | 7 | | care facility terminates its participation in the | 8 | | Demonstration Project, whichever occurs sooner. | 9 | | (d) The Department of Public Health shall select at least | 10 | | one facility in the State to participate in the Demonstration | 11 | | Project. | 12 | | (e) For the purposes of determining who shall be required | 13 | | to undergo a State and an FBI fingerprint-based criminal | 14 | | history records check under the Demonstration Project, "direct | 15 | | access employee" means any individual who has access to a | 16 | | patient or resident of a long-term care facility or provider | 17 | | through employment or through a contract with a long-term care | 18 | | facility or provider and has duties that involve or may involve | 19 | | one-on-one contact with a resident of the facility or provider, | 20 | | as determined by the State for purposes of the Demonstration | 21 | | Project. | 22 | | (f) All long-term care facilities licensed under the | 23 | | Nursing Home Care Act are qualified to volunteer for the | 24 | | Demonstration Project. | 25 | | (g) The Department of Public Health shall notify qualified | 26 | | long-term care facilities within 30 days after the effective |
| | | HB4525 Enrolled | - 3 - | LRB098 17703 ZMM 52818 b |
|
| 1 | | date of this amendatory Act of the 98th General Assembly of the | 2 | | opportunity to volunteer for the Demonstration Project. The | 3 | | notice shall include information concerning application | 4 | | procedures and deadlines, termination rights, requirements for | 5 | | participation, the selection process, and a | 6 | | question-and-answer document addressing potential conflicts | 7 | | between this Act and the provisions of this Section. | 8 | | (h) Qualified long-term care facilities shall be given a | 9 | | minimum of 30 days after the date of receiving the notice to | 10 | | inform the Department of Public Health, in the form and manner | 11 | | prescribed by the Department of Public Health, of their | 12 | | interest in volunteering for the Demonstration Project. | 13 | | Facilities selected for the Demonstration Project shall be | 14 | | notified, within 30 days after the date of application, of the | 15 | | effective date that their participation in the Demonstration | 16 | | Project will begin, which may vary. | 17 | | (i) The individual applicant shall be responsible for the | 18 | | cost of each individual fingerprint inquiry, which may be | 19 | | offset with grant funds, if available. | 20 | | (a) In this Section:
| 21 | | "Centers for Medicare and Medicaid Services (CMMS) grant" | 22 | | means the grant awarded to and distributed by the Department of | 23 | | Public Health to enhance the conduct of criminal history | 24 | | records checks of certain health care employees. The CMMS grant | 25 | | is authorized by Section 307 of the federal Medicare | 26 | | Prescription Drug, Improvement, and Modernization Act of 2003, |
| | | HB4525 Enrolled | - 4 - | LRB098 17703 ZMM 52818 b |
|
| 1 | | which establishes the framework for a program to evaluate | 2 | | national and state background checks on prospective employees | 3 | | with direct access to patients of long-term care facilities or | 4 | | providers. | 5 | | "Selected health care employer" means any of the following | 6 | | selected to participate in the CMMS grant: | 7 | | (1) a community living facility as defined in the | 8 | | Community Living Facility Act; | 9 | | (2) a long-term care facility as defined in the Nursing | 10 | | Home Care Act; | 11 | | (3) a home health agency as defined in the Home Health, | 12 | | Home Services, and Home Nursing Agency Licensing Act; | 13 | | (4) a full hospice as defined in the Hospice Licensing | 14 | | Act; | 15 | | (5) an establishment licensed under the Assisted | 16 | | Living and Shared Housing Act; | 17 | | (6) a supportive living facility as defined in the | 18 | | Illinois Public Aid Code; | 19 | | (7) a day training program certified by the Department | 20 | | of Human Services; | 21 | | (8) a community integrated living arrangement operated | 22 | | by a community mental health and developmental service | 23 | | agency as defined in the Community Integrated Living | 24 | | Arrangements Licensing and Certification Act; or
| 25 | | (9) a long-term care hospital or hospital with swing | 26 | | beds.
|
| | | HB4525 Enrolled | - 5 - | LRB098 17703 ZMM 52818 b |
|
| 1 | | (b) Selected health care employers shall be phased in to | 2 | | participate in the CMMS grant between January 1, 2006 and | 3 | | January 1, 2007, as prescribed by the Department of Public | 4 | | Health by rule. | 5 | | (c) With regards to individuals hired on or after January | 6 | | 1, 2006 who have direct access to residents, patients, or | 7 | | clients of the selected health care employer, selected health | 8 | | care employers must comply with Section 25 of this Act. | 9 | | "Individuals who have direct access" includes, but is not | 10 | | limited to, (i) direct care workers as described in subsection | 11 | | (a) of Section 25; (ii) individuals licensed by the Department | 12 | | of Financial and Professional Regulation, such as nurses, | 13 | | social workers, physical therapists, occupational therapists, | 14 | | and pharmacists; (iii) individuals who provide services on | 15 | | site, through contract; and (iv) non-direct care workers, such | 16 | | as those who work in environmental services, food service, and | 17 | | administration. | 18 | | "Individuals who have direct access" does not include | 19 | | physicians or volunteers. | 20 | | The Department of Public Health may further define | 21 | | "individuals who have direct access" by rule.
| 22 | | (j) (d) Each applicant seeking employment in a position | 23 | | described in subsection (e) (c) of this Section with a selected | 24 | | health care employer shall, as a condition of employment, have | 25 | | his or her fingerprints submitted to the Department of State | 26 | | Police in an electronic format that complies with the form and |
| | | HB4525 Enrolled | - 6 - | LRB098 17703 ZMM 52818 b |
|
| 1 | | manner for requesting and furnishing criminal history record | 2 | | information by the Department of State Police and the Federal | 3 | | Bureau of Investigation criminal history record databases now | 4 | | and hereafter filed. The Department of State Police shall | 5 | | forward the fingerprints to the Federal Bureau of Investigation | 6 | | for a national criminal history records check. The Department | 7 | | of State Police shall charge a fee for conducting the criminal | 8 | | history records check, which shall not exceed the actual cost | 9 | | of the records check and shall be deposited into the State | 10 | | Police Services Fund. The Department of State Police shall | 11 | | furnish, pursuant to positive identification, records of | 12 | | Illinois convictions to the Department of Public Health. | 13 | | (e) A selected health care employer who makes a conditional | 14 | | offer of employment to an applicant shall: | 15 | | (1) ensure that the applicant has complied with the | 16 | | fingerprinting requirements of this Section; | 17 | | (2) complete documentation relating to any criminal | 18 | | history record, as revealed by the applicant, as prescribed | 19 | | by rule by the Department of Public Health; | 20 | | (3) complete documentation of the applicant's personal | 21 | | identifiers as prescribed by rule by the Department of | 22 | | Public Health; and | 23 | | (4) provide supervision, as prescribed by rule by the | 24 | | licensing agency, if the applicant is hired and allowed to | 25 | | work prior to the results of the criminal history records | 26 | | check being obtained. |
| | | HB4525 Enrolled | - 7 - | LRB098 17703 ZMM 52818 b |
|
| 1 | | (f) A selected health care employer having actual knowledge | 2 | | from a source that an individual with direct access to a | 3 | | resident, patient, or client has been convicted of committing | 4 | | or attempting to commit one of the offenses enumerated in | 5 | | Section 25 of this Act shall contact the licensing agency or | 6 | | follow other instructions as prescribed by administrative | 7 | | rule. | 8 | | (k) (g) A fingerprint-based criminal history records check | 9 | | submitted in accordance with subsection (j) (d) of this Section | 10 | | shall must be submitted as a fee applicant inquiry in the form | 11 | | and manner prescribed by the Department of State Police.
| 12 | | (l) A long-term care facility may terminate its | 13 | | participation in the Demonstration Project without prejudice | 14 | | by providing the Department of Public Health with notice of its | 15 | | intent to terminate at least 30 days prior to its voluntary | 16 | | termination. | 17 | | (m) (h) This Section shall be inapplicable upon the | 18 | | conclusion of the CMMS grant period .
| 19 | | (Source: P.A. 94-665, eff. 1-1-06; 94-931, eff. 6-26-06; | 20 | | 95-331, eff. 8-21-07; revised 11-14-13.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
|
|