92nd General Assembly
Summary of SB1504
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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


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