|
investigate and take immediate action on reports of abuse or |
neglect of recipients, whether patients or residents, in any |
mental health or developmental disabilities facility or |
program that is licensed or certified by the Department of |
Human Services (as successor to the Department of Mental Health |
and Developmental Disabilities) or that is funded by the |
Department of Human Services (as successor to the Department of |
Mental Health and Developmental Disabilities) and is not |
licensed or certified by any agency of the State. The Inspector |
General shall also have the authority to investigate alleged or |
suspected cases of abuse, neglect, and exploitation of adults |
with disabilities living in domestic settings in the community |
pursuant to the Abuse of Adults with Disabilities Intervention |
Act (20 ILCS 2435/). At the specific, written request of an |
agency of the State other than the Department of Human Services |
(as successor to the Department of Mental Health and |
Developmental Disabilities), the Inspector General may |
cooperate in investigating reports of abuse and neglect of |
persons with mental illness or persons with developmental |
disabilities. The Inspector General shall have no supervision |
over or involvement in routine, programmatic, licensure, or |
certification operations of the Department of Human Services or |
any of its funded agencies. |
The Inspector General shall promulgate rules establishing |
minimum requirements for reporting allegations of abuse and |
neglect and initiating, conducting, and completing |
|
investigations. The promulgated rules shall clearly set forth |
that in instances where 2 or more State agencies could |
investigate an allegation of abuse or neglect, the Inspector |
General shall not conduct an investigation that is redundant to |
an investigation conducted by another State agency. The rules |
shall establish criteria for determining, based upon the nature |
of the allegation, the appropriate method of investigation, |
which may include, but need not be limited to, site visits, |
telephone contacts, or requests for written responses from |
agencies. The rules shall also clarify how the Office of the |
Inspector General shall interact with the licensing unit of the |
Department of Human Services in investigations of allegations |
of abuse or neglect. Any allegations or investigations of |
reports made pursuant to this Act shall remain confidential |
until a final report is completed. The resident or patient who |
allegedly was abused or neglected and his or her legal guardian |
shall be informed by the facility or agency of the report of |
alleged abuse or neglect. Final reports regarding |
unsubstantiated or unfounded allegations shall remain |
confidential, except that final reports may be disclosed |
pursuant to Section 6 of the Abused and Neglected Long Term |
Care Facility Residents Reporting Act. |
For purposes of this Section, "required reporter" means a |
person who suspects, witnesses, or is informed of an allegation |
of abuse and neglect at a State-operated facility or a |
community agency and who is either: (i) a person employed at a |
|
State-operated facility or a community agency on or off site |
who is providing or monitoring services to an individual or |
individuals or is providing services to the State-operated |
facility or the community agency; or (ii) any person or |
contractual agent of the Department of Human Services involved |
in providing, monitoring, or administering mental health or |
developmental services, including, but not limited to, payroll |
personnel, contractors, subcontractors, and volunteers. A |
required reporter shall report the allegation of abuse or |
neglect, or cause a report to be made, to the Office of the |
Inspector General (OIG) Hotline no later than 4 hours after the |
initial discovery of the incident of alleged abuse or neglect. |
A required reporter as defined in this paragraph who willfully |
fails to comply with the reporting requirement is guilty of a |
Class A misdemeanor. |
For purposes of this Section, "State-operated facility" |
means a mental health facility or a developmental disability |
facility as defined in Sections 1-114 and 1-107 of the Mental |
Health and Developmental Disabilities Code. |
For purposes of this Section, "community agency" or |
"agency" means any community entity or program providing mental |
health or developmental disabilities services that is |
licensed, certified, or funded by the Department of Human |
Services and is not licensed or certified by an other human |
services agency of the State (for example, the Department of |
Public Health, the Department of Children and Family Services, |
|
or the Department of Healthcare and Family Services). |
When the Office of the Inspector General has substantiated |
a case of abuse or neglect, the Inspector General shall include |
in the final report any mitigating or aggravating circumstances |
that were identified during the investigation. Upon |
determination that a report of neglect is substantiated, the |
Inspector General shall then determine whether such neglect |
rises to the level of egregious neglect. |
(b) Department of State Police. The Inspector General |
shall, within 24 hours after determining that a reported |
allegation of suspected abuse or neglect indicates that any |
possible criminal act has been committed or that special |
expertise is required in the investigation, immediately notify |
the Department of State Police or the appropriate law |
enforcement entity. The Department of State Police shall |
investigate any report from a State-operated facility |
indicating a possible murder, rape, or other felony. All |
investigations conducted by the Inspector General shall be |
conducted in a manner designed to ensure the preservation of |
evidence for possible use in a criminal prosecution. |
(b-5) Preliminary report of investigation; facility or |
agency response. The Inspector General shall make a |
determination to accept or reject a preliminary report of the |
investigation of alleged abuse or neglect based on established |
investigative procedures. Notice of the Inspector General's |
determination must be given to the person who claims to be the |
|
victim of the abuse or neglect, to the person or persons |
alleged to have been responsible for abuse or neglect, and to |
the facility or agency. The facility or agency or the person or |
persons alleged to have been responsible for the abuse or |
neglect and the person who claims to be the victim of the abuse |
or neglect may request clarification or reconsideration based |
on additional information. For cases where the allegation of |
abuse or neglect is substantiated, the Inspector General shall |
require the facility or agency to submit a written response. |
The written response from a facility or agency shall address in |
a concise and reasoned manner the actions that the agency or |
facility will take or has taken to protect the resident or |
patient from abuse or neglect, prevent reoccurrences, and |
eliminate problems identified and shall include implementation |
and completion dates for all such action. |
(c) Inspector General's report; facility's or agency's |
implementation reports. The Inspector General shall, within 10 |
calendar days after the transmittal date of a completed |
investigation where abuse or neglect is substantiated or |
administrative action is recommended, provide a complete |
report on the case to the Secretary of Human Services and to |
the agency in which the abuse or neglect is alleged to have |
happened. The complete report shall include a written response |
from the agency or facility operated by the State to the |
Inspector General that addresses in a concise and reasoned |
manner the actions that the agency or facility will take or has |
|
taken to protect the resident or patient from abuse or neglect, |
prevent reoccurrences, and eliminate problems identified and |
shall include implementation and completion dates for all such |
action. The Secretary of Human Services shall accept or reject |
the response and establish how the Department will determine |
whether the facility or program followed the approved response. |
The Secretary may require Department personnel to visit the |
facility or agency for training, technical assistance, |
programmatic, licensure, or certification purposes. |
Administrative action, including sanctions, may be applied |
should the Secretary reject the response or should the facility |
or agency fail to follow the approved response. Within 30 days |
after the Secretary has approved a response, the facility or |
agency making the response shall provide an implementation |
report to the Inspector General on the status of the corrective |
action implemented. Within 60 days after the Secretary has |
approved the response, the facility or agency shall send notice |
of the completion of the corrective action or shall send an |
updated implementation report. The facility or agency shall |
continue sending updated implementation reports every 60 days |
until the facility or agency sends a notice of the completion |
of the corrective action. The Inspector General shall review |
any implementation plan that takes more than 120 days. The |
Inspector General shall monitor compliance through a random |
review of completed corrective actions. This monitoring may |
include, but need not be limited to, site visits, telephone |
|
contacts, or requests for written documentation from the |
facility or agency to determine whether the facility or agency |
is in compliance with the approved response. The facility or |
agency shall inform the resident or patient and the legal |
guardian whether the reported allegation was substantiated, |
unsubstantiated, or unfounded. There shall be an appeals |
process for any person or agency that is subject to any action |
based on a recommendation or recommendations. |
(d) Sanctions. The Inspector General may recommend to the |
Departments of Public Health and Human Services sanctions to be |
imposed against mental health and developmental disabilities |
facilities under the jurisdiction of the Department of Human |
Services for the protection of residents, including |
appointment of on-site monitors or receivers, transfer or |
relocation of residents, and closure of units. The Inspector |
General may seek the assistance of the Attorney General or any |
of the several State's Attorneys in imposing such sanctions. |
Whenever the Inspector General issues any recommendations to |
the Secretary of Human Services, the Secretary shall provide a |
written response. |
(e) Training programs. The Inspector General shall |
establish and conduct periodic training programs for |
Department of Human Services employees and community agency |
employees concerning the prevention and reporting of neglect |
and abuse. |
(f) Access to facilities. The Inspector General shall at |
|
all times be granted access to any mental health or |
developmental disabilities facility operated by the Department |
of Human Services, shall establish and conduct unannounced site |
visits to those facilities at least once annually, and shall be |
granted access, for the purpose of investigating a report of |
abuse or neglect, to the records of the Department of Human |
Services and to any facility or program funded by the |
Department of Human Services that is subject under the |
provisions of this Section to investigation by the Inspector |
General for a report of abuse or neglect. |
(g) Other investigations. Nothing in this Section shall |
limit investigations by the Department of Human Services that |
may otherwise be required by law or that may be necessary in |
that Department's capacity as the central administrative |
authority responsible for the operation of State mental health |
and developmental disability facilities. |
(g-5) Health care worker registry. After notice and an |
opportunity for a hearing that is separate and distinct from |
the Office of the Inspector General's appeals process as |
implemented under subsection (c) of this Section, the Inspector |
General shall report to the Department of Public Health's |
health care worker registry under Section 3-206.01 of the |
Nursing Home Care Act the identity of individuals against whom |
there has been a substantiated finding of physical or sexual |
abuse or egregious neglect of a service recipient. |
Nothing in this subsection shall diminish or impair the |
|
rights of a person who is a member of a collective bargaining |
unit pursuant to the Illinois Public Labor Relations Act or |
pursuant to any federal labor statute. An individual who is a |
member of a collective bargaining unit as described above shall |
not be reported to the Department of Public Health's health |
care worker registry until the exhaustion of that individual's |
grievance and arbitration rights, or until 3 months after the |
initiation of the grievance process, whichever occurs first, |
provided that the Department of Human Services' hearing under |
this subsection regarding the reporting of an individual to the |
Department of Public Health's health care worker registry has |
concluded. Notwithstanding anything hereinafter or previously |
provided, if an action taken by an employer against an |
individual as a result of the circumstances that led to a |
finding of physical or sexual abuse or egregious neglect is |
later overturned under a grievance or arbitration procedure |
provided for in Section 8 of the Illinois Public Labor |
Relations Act or under a collective bargaining agreement, the |
report must be removed from the registry. |
The Department of Human Services shall promulgate or amend |
rules as necessary or appropriate to establish procedures for |
reporting to the registry, including the definition of |
egregious neglect, procedures for notice to the individual and |
victim, appeal and hearing procedures, and petition for removal |
of the report from the registry. The portion of the rules |
pertaining to hearings shall provide that, at the hearing, both |
|
parties may present written and oral evidence. The Department |
shall be required to establish by a preponderance of the |
evidence that the Office of the Inspector General's finding of |
physical or sexual abuse or egregious neglect warrants |
reporting to the Department of Public Health's health care |
worker registry under Section 3-206.01 of the Nursing Home Care |
Act. |
Notice to the individual shall include a clear and concise |
statement of the grounds on which the report to the registry is |
based and notice of the opportunity for a hearing to contest |
the report. The Department of Human Services shall provide the |
notice by certified mail to the last known address of the |
individual. The notice shall give the individual an opportunity |
to contest the report in a hearing before the Department of |
Human Services or to submit a written response to the findings |
instead of requesting a hearing. If the individual does not |
request a hearing or if after notice and a hearing the |
Department of Human Services finds that the report is valid, |
the finding shall be included as part of the registry, as well |
as a brief statement from the reported individual if he or she |
chooses to make a statement. The Department of Public Health |
shall make available to the public information reported to the |
registry. In a case of inquiries concerning an individual |
listed in the registry, any information disclosed concerning a |
finding of abuse or neglect shall also include disclosure of |
the individual's brief statement in the registry relating to |
|
the reported finding or include a clear and accurate summary of |
the statement. |
At any time after the report of the registry, an individual |
may petition the Department of Human Services for removal from |
the registry of the finding against him or her. Upon receipt of |
such a petition, the Department of Human Services shall conduct |
an investigation and hearing on the petition. Upon completion |
of the investigation and hearing, the Department of Human |
Services shall report the removal of the finding to the |
registry unless the Department of Human Services determines |
that removal is not in the public interest. |
(h) Quality Care Board. There is created, within the Office |
of the Inspector General, a Quality Care Board to be composed |
of 7 members appointed by the Governor with the advice and |
consent of the Senate. One of the members shall be designated |
as chairman by the Governor. Of the initial appointments made |
by the Governor, 4 Board members shall each be appointed for a |
term of 4 years and 3 members shall each be appointed for a |
term of 2 years. Upon the expiration of each member's term, a |
successor shall be appointed for a term of 4 years. In the case |
of a vacancy in the office of any member, the Governor shall |
appoint a successor for the remainder of the unexpired term. |
Members appointed by the Governor shall be qualified by |
professional knowledge or experience in the area of law, |
investigatory techniques, or in the area of care of the |
mentally ill or developmentally disabled. Two members |
|
appointed by the Governor shall be persons with a disability or |
a parent of a person with a disability. Members shall serve |
without compensation, but shall be reimbursed for expenses |
incurred in connection with the performance of their duties as |
members. |
The Board shall meet quarterly, and may hold other meetings |
on the call of the chairman. Four members shall constitute a |
quorum. The Board may adopt rules and regulations it deems |
necessary to govern its own procedures. |
(i) Scope and function of the Quality Care Board. The Board |
shall monitor and oversee the operations, policies, and |
procedures of the Inspector General to assure the prompt and |
thorough investigation of allegations of neglect and abuse. In |
fulfilling these responsibilities, the Board may do the |
following: |
(1) Provide independent, expert consultation to the |
Inspector General on policies and protocols for |
investigations of alleged neglect and abuse. |
(2) Review existing regulations relating to the |
operation of facilities under the control of the Department |
of Human Services. |
(3) Advise the Inspector General as to the content of |
training activities authorized under this Section. |
(4) Recommend policies concerning methods for |
improving the intergovernmental relationships between the |
Office of the Inspector General and other State or federal |
|
agencies. |
(j) Investigators. The Inspector General shall establish a |
comprehensive program to ensure that every person employed or |
newly hired to conduct investigations shall receive training on |
an on-going basis concerning investigative techniques, |
communication skills, and the appropriate means of contact with |
persons admitted or committed to the mental health or |
developmental disabilities facilities under the jurisdiction |
of the Department of Human Services. |
(k) Subpoenas; testimony; penalty. The Inspector General |
shall have the power to subpoena witnesses and compel the |
production of books and papers pertinent to an investigation |
authorized by this Act, provided that the power to subpoena or |
to compel the production of books and papers shall not extend |
to the person or documents of a labor organization or its |
representatives insofar as the person or documents of a labor |
organization relate to the function of representing an employee |
subject to investigation under this Act. Mental health records |
of patients shall be confidential as provided under the Mental |
Health and Developmental Disabilities Confidentiality Act. Any |
person who fails to appear in response to a subpoena or to |
answer any question or produce any books or papers pertinent to |
an investigation under this Act, except as otherwise provided |
in this Section, or who knowingly gives false testimony in |
relation to an investigation under this Act is guilty of a |
Class A misdemeanor. |
|
(l) Annual report. The Inspector General shall provide to |
the General Assembly and the Governor, no later than January 1 |
of each year, a summary of reports and investigations made |
under this Act for the prior fiscal year with respect to |
residents of institutions under the jurisdiction of the |
Department of Human Services. The report shall detail the |
imposition of sanctions and the final disposition of those |
recommendations. The summaries shall not contain any |
confidential or identifying information concerning the |
subjects of the reports and investigations. The report shall |
also include a trend analysis of the number of reported |
allegations and their disposition, for each facility and |
Department-wide, for the most recent 3-year time period and a |
statement, for each facility, of the staffing-to-patient |
ratios. The ratios shall include only the number of direct care |
staff. The report shall also include detailed recommended |
administrative actions and matters for consideration by the |
General Assembly. |
(m) Program audit. The Auditor General shall conduct a |
biennial program audit of the Office of the Inspector General |
in relation to the Inspector General's compliance with this |
Act. The audit shall specifically include the Inspector |
General's effectiveness in investigating reports of alleged |
neglect or abuse of residents in any facility operated by the |
Department of Human Services and in making recommendations for |
sanctions to the Departments of Human Services and Public |
|
Health. The Auditor General shall conduct the program audit |
according to the provisions of the Illinois State Auditing Act |
and shall report its findings to the General Assembly no later |
than January 1 of each odd-numbered year.
|
Section 7. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing Section |
7.3 as follows:
|
(20 ILCS 1705/7.3)
|
Sec. 7.3. Health care worker
Nurse aide registry; finding |
of abuse or neglect. 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, in any capacity, who is identified by the health care |
worker
nurse aide
registry as having been subject of a |
substantiated finding of abuse or neglect
of a service |
recipient. Any owner or operator of a community agency who is |
identified by the health care worker
nurse aide registry as |
having been the subject of a substantiated finding of abuse or |
neglect of a service recipient is prohibited from any |
involvement in any capacity with the provision of Department |
funded mental health or developmental disability services. The
|
Department shall establish and maintain the rules that are
|
necessary or
appropriate to effectuate the intent of this |
|
Section. The provisions of this
Section shall not
apply to any |
facility, service agency, or support agency licensed or |
certified
by a State
agency other than the Department, unless |
operated by the Department of Human
Services.
|
(Source: P.A. 94-934, eff. 6-26-06.)
|
Section 10. The Abused and Neglected Long Term Care |
Facility Residents Reporting
Act is amended by changing Section |
6 as follows:
|
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
|
Sec. 6. All reports of suspected abuse or neglect made |
under this Act
shall be made immediately by telephone to the |
Department's central register
established under Section 14 on |
the single, State-wide, toll-free telephone
number established |
under Section 13, or in person or by telephone through
the |
nearest Department office. No long term care facility |
administrator,
agent or employee, or any other person, shall |
screen reports or otherwise
withhold any reports from the |
Department, and no long term care facility,
department of State |
government, or other agency shall establish any rules,
|
criteria, standards or guidelines to the contrary. Every long |
term care
facility, department of State government and other |
agency whose employees
are required to make or cause to be made |
reports under Section 4 shall
notify its employees of the |
provisions of that Section and of this Section,
and provide to |
|
the Department documentation that such notification has been
|
given. The Department of Human Services shall train all of its |
mental health and developmental
disabilities employees in the |
detection and reporting of suspected
abuse and neglect of |
residents. Reports made to the central register
through the |
State-wide, toll-free telephone number shall be transmitted to
|
appropriate Department offices and municipal health |
departments that have
responsibility for licensing long term |
care facilities under the Nursing
Home Care Act. All reports |
received through offices of the Department
shall be forwarded |
to the central register, in a manner and form described
by the |
Department. The Department shall be capable of receiving |
reports of
suspected abuse and neglect 24 hours a day, 7 days a |
week. Reports shall
also be made in writing deposited in the |
U.S. mail, postage prepaid, within
24 hours after having |
reasonable cause to believe that the condition of the
resident |
resulted from abuse or neglect. Such reports may in addition be
|
made to the local law enforcement agency in the same manner. |
However, in
the event a report is made to the local law |
enforcement agency, the
reporter also shall immediately so |
inform the Department. The Department
shall initiate an |
investigation of each report of resident abuse and
neglect |
under this Act, whether oral or written, as provided for in |
Section
3-702 of the Nursing Home Care Act, except that reports |
of abuse which
indicate that a resident's life or safety is in |
imminent danger shall be
investigated within 24 hours of such |
|
report. The Department may delegate to
law enforcement |
officials or other public agencies the duty to perform such
|
investigation.
|
With respect to investigations of reports of suspected |
abuse or neglect
of residents of mental health and |
developmental disabilities institutions
under the jurisdiction |
of the Department of
Human Services, the
Department shall |
transmit
copies of such reports to the Department of State |
Police, the Department of
Human Services, and the
Inspector |
General
appointed under Section 1-17 of the Department of Human |
Services Act
6.2. If the Department receives a report
of |
suspected abuse or neglect of a recipient of services as |
defined in Section
1-123 of the Mental Health and Developmental |
Disabilities Code, the
Department shall transmit copies of such |
report to the Inspector General
and the Directors of the |
Guardianship and Advocacy Commission and the
agency designated |
by the Governor pursuant to the Protection and Advocacy
for |
Developmentally Disabled Persons Act. When requested by the |
Director
of the Guardianship and Advocacy Commission, the |
agency designated by the
Governor pursuant to the Protection |
and Advocacy for Developmentally
Disabled Persons Act, or the |
Department of Financial and Professional Regulation, the |
Department, the Department of Human Services and the Department |
of State Police shall make
available a copy of the final |
investigative report regarding investigations
conducted by |
their respective agencies on incidents of suspected abuse or
|
|
neglect of residents of mental health and developmental |
disabilities
institutions or individuals receiving services at |
community agencies under the jurisdiction of the Department of |
Human Services. Such final investigative
report shall not |
contain witness statements, investigation notes, draft
|
summaries, results of lie detector tests, investigative files |
or other raw data
which was used to compile the final |
investigative report. Specifically, the
final investigative |
report of the Department of State Police shall mean the
|
Director's final transmittal letter. The Department of Human |
Services shall also make available a
copy of the results of |
disciplinary proceedings of employees involved in
incidents of |
abuse or neglect to the Directors. All identifiable
information |
in reports provided shall not be further disclosed except as
|
provided by the Mental Health and Developmental Disabilities
|
Confidentiality Act. Nothing in this Section is intended to |
limit or
construe the power or authority granted to the agency |
designated by the
Governor pursuant to the Protection and |
Advocacy for Developmentally
Disabled Persons Act, pursuant to |
any other State or federal statute.
|
With respect to investigations of reported resident abuse |
or neglect, the
Department shall effect with appropriate law |
enforcement agencies formal
agreements concerning methods and |
procedures for the conduct of investigations
into the criminal |
histories of any administrator, staff assistant or employee
of |
the nursing home or other person responsible for the residents |
|
care,
as well as for other residents in the nursing home who |
may be in a position
to abuse, neglect or exploit the patient. |
Pursuant to the formal agreements
entered into with appropriate |
law enforcement agencies, the Department may
request |
information with respect to whether the person or persons set |
forth
in this paragraph have ever been charged with a crime and |
if so, the
disposition of those charges. Unless the criminal |
histories of the
subjects involved crimes of violence or |
resident abuse or neglect, the
Department shall be entitled |
only to information limited in scope to
charges and their |
dispositions. In cases where prior crimes of violence or
|
resident abuse or neglect are involved, a more detailed report |
can be made
available to authorized representatives of the |
Department, pursuant to the
agreements entered into with |
appropriate law enforcement agencies. Any
criminal charges and |
their disposition information obtained by the
Department shall |
be confidential and may not be transmitted outside the
|
Department, except as required herein, to authorized |
representatives or
delegates of the Department, and may not be |
transmitted to anyone within
the Department who is not duly |
authorized to handle resident abuse or
neglect investigations.
|
The Department shall effect formal agreements with |
appropriate law
enforcement agencies in the various counties |
and communities to encourage
cooperation and coordination in |
the handling of resident abuse or neglect
cases pursuant to |
this Act. The Department shall adopt and implement
methods and |
|
procedures to promote statewide uniformity in the handling of
|
reports of abuse and neglect under this Act, and those methods |
and
procedures shall be adhered to by personnel of the |
Department involved in
such investigations and reporting. The |
Department shall also make
information required by this Act |
available to authorized personnel within
the Department, as |
well as its authorized representatives.
|
The Department shall keep a continuing record of all |
reports made
pursuant to this Act, including indications of the |
final determination of
any investigation and the final |
disposition of all reports.
|
The Department shall report annually to the General |
Assembly on the
incidence of abuse and neglect of long term |
care facility residents, with
special attention to residents |
who are mentally disabled. The report shall
include but not be |
limited to data on the number and source of reports of
|
suspected abuse or neglect filed under this Act, the nature of |
any injuries
to residents, the final determination of |
investigations, the type and
number of cases where abuse or |
neglect is determined to exist, and the
final disposition of |
cases.
|
(Source: P.A. 94-852, eff. 6-13-06.)
|
(210 ILCS 30/6.2 rep.) |
(210 ILCS 30/6.3 rep.) |
(210 ILCS 30/6.4 rep.) |
|
(210 ILCS 30/6.5 rep.) |
(210 ILCS 30/6.6 rep.) |
(210 ILCS 30/6.7 rep.) |
(210 ILCS 30/6.8 rep.) |
Section 15. The Abused and Neglected Long Term Care |
Facility Residents Reporting
Act is amended by repealing |
Sections 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, and 6.8.
|
Section 20. The Nursing Home Care Act is amended by |
changing Section 3-206.01 as follows:
|
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)
|
Sec. 3-206.01. Health care worker
Nurse aide registry.
|
(a) The Department shall establish and maintain a registry |
of all
individuals who have satisfactorily completed the |
training required
by Section 3-206. The registry shall include |
the name of the nursing
assistant, habilitation aide, or child |
care aide, his or her
current address, Social Security number, |
and the date and location of
the training course completed by |
the individual, and the date of the
individual's last criminal |
records check. Any individual placed on the
registry is |
required to inform the Department of any change of address
|
within 30 days. A facility shall not employ an individual as a |
nursing
assistant, habilitation aide, or child care aide
unless |
the facility has inquired of the Department as to information |
in the
registry concerning the individual and shall not employ |
|
anyone not on the
registry unless the individual is enrolled in |
a training program under
paragraph (5) of subsection (a) of |
Section 3-206 of this Act.
|
If the Department finds that a nursing assistant, |
habilitation aide, or
child care aide has abused a resident, |
neglected a resident, or misappropriated
resident property in a |
facility, the Department shall notify the individual of
this |
finding by certified mail sent to the address contained in the |
registry.
The notice shall give the individual an opportunity |
to contest the finding in a
hearing before the Department or to |
submit a written response to the findings
in lieu of requesting |
a hearing. If, after a hearing or if the individual does
not |
request a hearing, the Department finds that the individual |
abused a
resident, neglected a resident, or misappropriated |
resident property in a
facility, the finding shall be included |
as part of the registry as well as a
brief statement from the |
individual, if he or she chooses to make such a
statement. The |
Department shall make information in the registry available to
|
the public. In the case of inquiries to the registry concerning |
an individual
listed in the registry, any information disclosed |
concerning such a finding
shall also include disclosure of any |
statement in the registry relating to the
finding or a clear |
and accurate summary of the statement.
|
(b) The Department shall add to the health care worker
|
nurse aide registry records
of findings as reported by the |
Inspector General or remove from
the health care worker
nurse |
|
aide registry records of findings as reported by the
Department |
of Human Services, under subsection (g-5) of Section 1-17 of |
the Department of Human Services Act
Section 6.2 of the Abused
|
and Neglected Long Term Care Facility Residents Reporting Act.
|
(Source: P.A. 91-598, eff. 1-1-00; 92-473, eff. 1-1-02; 92-651, |
eff.
7-11-02.)
|
Section 25. The Health Care Worker Background Check Act is |
amended by changing Sections 30 and 40 as follows:
|
(225 ILCS 46/30)
|
Sec. 30. Non-fingerprint based UCIA criminal records |
check.
|
(a) Beginning on January 1, 1997,
an educational entity, |
other than a secondary school, conducting a nurse aide
training |
program must initiate
a UCIA criminal history records
check |
prior to entry of an individual into the training program. A |
nurse aide
seeking to be included on the health care worker
|
nurse aide registry shall authorize
the Department of Public |
Health
or its
designee that tests nurse aides or the health |
care employer or its designee
to
request a criminal history |
record check pursuant to the Uniform Conviction
Information Act |
(UCIA) for each nurse aide applying for inclusion on the State |
health care worker
nurse
aide registry. Any nurse aide not
|
submitting the required authorization and
information for the |
record check will not be added to the State health care worker
|
|
nurse
aide registry. A nurse aide will not be entered on the |
State health care worker
nurse aide
registry if the report from |
the Department of State Police indicates that the
nurse aide |
has a record of conviction of any of the criminal offenses
|
enumerated in Section 25 unless the nurse aide's identity is |
validated and
it is
determined that the nurse aide does
not |
have a disqualifying criminal history record
based upon a
|
fingerprint-based records check pursuant to Section 35 or the
|
nurse aide receives a waiver pursuant to Section 40.
|
(b) The Department of Public Health shall notify each |
health care
employer inquiring as
to the information on the |
State health care worker
nurse aide registry of the date of the |
nurse
aide's last UCIA criminal history record check. If it has |
been more than one
year since the records check, the health |
care employer must initiate or have
initiated on his or her |
behalf a UCIA
criminal history record check for the nurse
aide |
pursuant to this Section. The health care employer must send a |
copy of
the results of the record check to the State health |
care worker
nurse aide registry for
an individual employed as a |
nurse aide.
|
(c) Beginning January 1, 1996, a health care employer who |
makes a
conditional offer of employment to an applicant other |
than a nurse
aide for position with duties that involve direct |
care for clients, patients,
or residents must initiate or have |
initiated on his or her behalf a UCIA
criminal history record |
check for that
applicant.
|
|
(d) No later than January 1, 1997, a health care employer |
must initiate or
have initiated on his or her behalf a
UCIA |
criminal history record check for all
employees other than |
those enumerated in subsections (a), (b), and (c) of this
|
Section with duties that involve direct care for clients, |
patients, or
residents.
A health care employer having actual |
knowledge from a source other than a
non-fingerprint check that |
an employee has been
convicted of committing or attempting to |
commit one of the offenses enumerated
in Section 25 of this Act |
must initiate a fingerprint-based background check
within 10
|
working days of acquiring that knowledge. The employer may |
continue to
employ
that individual in a direct
care position, |
may reassign that individual to a non-direct care position, or
|
may suspend the individual until the results of the |
fingerprint-based
background check are received.
|
(d-5) Beginning January 1, 2006, each long-term care |
facility operating in the State must initiate, or
have |
initiated on its behalf, a
criminal history record check for |
all
employees hired on or after January 1, 2006 with duties |
that involve or may involve contact with residents or access to |
the living quarters or the financial, medical, or personal |
records of residents.
|
(e) The request for a UCIA criminal history record check |
must be in the form
prescribed by the Department of State
|
Police.
|
(f) The applicant or employee must be notified of the |
|
following whenever a
non-fingerprint check is made:
|
(i) that the health care employer shall request or have |
requested on his
or her behalf a UCIA criminal history
|
record check pursuant to this Act;
|
(ii) that the applicant or employee has a right to |
obtain a copy of the
criminal records report from the |
health care employer, challenge the
accuracy and |
completeness of the report,
and request a waiver under |
Section 40 of this Act;
|
(iii) that the applicant, if hired conditionally, may |
be terminated if the
criminal records report indicates that |
the applicant has a record of conviction
of any of the |
criminal offenses enumerated in Section 25 unless the |
applicant's
identity is validated and it
is determined that |
the applicant does
not have a
disqualifying criminal |
history record
based on a fingerprint-based records check |
pursuant to
Section 35.
|
(iv) that the applicant, if not hired conditionally, |
shall not be hired if
the criminal records report indicates |
that the applicant has a record of
conviction of any of the |
criminal offenses enumerated in Section 25 unless the
|
applicant's record is cleared based on a fingerprint-based |
records check
pursuant to Section 35.
|
(v) that the employee may be terminated if the criminal |
records report
indicates that the employee has a record of |
conviction of any of the criminal
offenses enumerated in |
|
Section 25 unless the employee's
record is cleared
based on |
a fingerprint-based records check pursuant to Section 35.
|
(g) A health care employer may conditionally employ an |
applicant
for
up to 3 months pending the results of a UCIA |
criminal history record check.
|
(Source: P.A. 94-665, eff. 1-1-06.)
|
(225 ILCS 46/40)
|
Sec. 40. Waiver.
|
(a) An applicant, employee, or nurse aide may request a |
waiver of the
prohibition against
employment by submitting the |
following information to the entity responsible
for |
inspecting, licensing, certifying, or registering the health |
care employer
within 5 working days after the receipt of the |
criminal records
report:
|
(1) Information necessary to initiate a |
fingerprint-based UCIA
criminal records check in a form and |
manner prescribed by the
Department of State Police; and
|
(2) The fee for a fingerprint-based UCIA criminal |
records
check, which shall not exceed the actual cost of |
the record check.
|
(a-5) The entity responsible for inspecting, licensing, |
certifying, or
registering the health care employer may accept |
the results of the
fingerprint-based UCIA criminal records |
check instead of the items required by
paragraphs (1) and (2) |
of subsection (a).
|
|
(b) The entity responsible for inspecting, licensing, |
certifying, or
registering the health care employer may grant a |
waiver based upon any
mitigating circumstances, which may |
include, but need not be limited to:
|
(1) The age of the individual at which the crime was |
committed;
|
(2) The circumstances surrounding the crime;
|
(3) The length of time since the conviction;
|
(4) The applicant or employee's criminal history since |
the conviction;
|
(5) The applicant or employee's work history;
|
(6) The applicant or employee's current employment |
references;
|
(7) The applicant or employee's character references;
|
(8) Health care worker
Nurse aide registry records; and
|
(9) Other evidence demonstrating the ability of the |
applicant or employee
to perform the employment |
responsibilities competently and evidence that the
|
applicant or employee does not pose a threat to the health |
or safety of
residents, patients, or clients.
|
(c) The entity responsible for inspecting, licensing, |
certifying, or
registering a health care employer must inform |
the health care employer
if a waiver is being sought and must |
act upon the waiver request within 30 days
of
receipt of all |
necessary information, as defined by rule.
|
(d) An individual shall not be employed from the
time that |
|
the employer receives the results of a non-fingerprint check
|
containing disqualifying conditions until the time that the |
individual receives
a waiver from the Department. If the |
individual challenges the
results of the
non-fingerprint |
check, the employer may continue to employ the individual if |
the individual presents convincing evidence to the
employer |
that the non-fingerprint check is invalid. If the individual
|
challenges the results of the non-fingerprint check, his or her |
identity shall
be validated by a fingerprint-based records |
check in accordance with Section
35.
|
(e) The entity responsible for inspecting, licensing,
|
certifying, or
registering the health care employer shall be |
immune from liability for any
waivers granted under this |
Section.
|
(f) A health care employer is not obligated to employ or |
offer
permanent
employment to an applicant, or to retain an |
employee who is granted a waiver
under this Section.
|
(Source: P.A. 94-665, eff. 1-1-06.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|