Senate Sponsors: SYVERSON. House Sponsors: BELLOCK-BASSI-LYONS,EILEEN Short description: MHDD ADM-NURSE AIDE REGISTRY Synopsis of Bill as introduced: Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department shall require that no facility, service agency, or support agency providing mental health or developmental disability services that is licensed, certified, operated, or funded by the Department shall employ a person who is identified by the nurse aide registry as having been previously terminated by a facility, service agency, or support agency licensed, certified, operated, or funded by the Department pursuant to a substantiated finding of abuse or neglect of a service recipient, or who has previously resigned from a facility, service agency, or support agency subsequent to an incident that later resulted in a substantiated finding of abuse or neglect of a service recipient by that individual. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that the Inspector General shall report such individuals to the Department of Public Health's nurse aide registry and the procedures for such a report. Amends the Nursing Home Care Act. Provides that the Department of Public Health shall add to or remove from the registry the individuals reported by the Inspector General. Effective on January 1, 2002. SENATE AMENDMENT NO. 1. Replaces everything after the enacting clause with the bill as introduced with the following changes. Provides that the Department shall require that no facility, service agency, or support agency providing mental health providing mental health or developmental disability services that is licensed, certified, operated, or funded by the Department shall employ a person who is identified by the nurse aide registry as having been the subject of a substantiated finding of abuse or neglect of a service recipient (rather than as having been previously terminated pursuant to or has previously resigned subsequent to an incident that later resulted in a substantiated finding of abuse or neglect). Makes related changes to other provisions of the bill. Provides that the Office of the Inspector General shall take into account any mitigating or aggravating circumstances when determining if a report of abuse or neglect should be substantiated. Authorizes the Inspector General to promulgate rules to establish criteria for determining mitigating or aggravating circumstances. Requires the Inspector General to give notice of his or her determination to accept or reject a preliminary report of the investigation of alleged abuse or neglect to the person alleged to have been responsible for the abuse or neglect and to the facility or agency. Adds the person alleged to have been responsible for the abuse or neglect to the list of those who may request clarification or reconsideration based on additional information. Provides for removal of a report from the registry if an individual is terminated by an employer as the result of the circumstances that led to the finding of abuse or neglect and that finding is later overturned under a grievance or arbitration procedure. Retains the January 1, 2002 effective date. HOUSE AMENDMENT NO. 1. Deletes reference to: 20 ILCS 1705/7.3 new 210 ILCS 30/6.2 210 ILCS 45/3-206.01 Adds reference to: 20 ILCS 1705/6 from Ch. 91 1/2, par. 100-6 Deletes everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Makes technical changes in a Section concerning the appointment and removal of facility directors and other employees. HOUSE AMENDMENT NO. 2. Deletes ref. to: 20 ILCS 1705/6 Adds reference to: 20 ILCS 1705/7.3 new 210 ILCS 30/6.2 210 ILCS 45/3-206.01 Deletes everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department shall require that no facility, service agency, or support agency providing mental health or developmental disability services that is licensed, certified, operated, or funded by the Department shall employ a person who is identified by the nurse aide registry as having been the subject of a substantiated finding of abuse or neglect of a service recipient. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that when the Inspector General has substantiated a case of abuse or neglect, the Inspector General shal include in the final report any mitigating or aggravating circumstances that were identified during the investigation. Requires that notice be given to the person who claims to be the victim of the abuse or neglect, the persons or persons allegedly responsible for the abuse or neglect, and to the facility or agency. Adds the person alleged to have been responsible for the abuse or neglect to the list of those who may request clarification or reconsideration based on additional information. Requires that the Inspector General report the identity of individuals against who there has been a substantiated finding of abuse or neglect to the Office of the Inspector General and the procedures for such report. Last action on Bill: PUBLIC ACT.............................. 92-0473 Last action date: AUG-22-2001 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 1 END OF INQUIRY Full Text Bill Status