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Public Act 103-1032 | ||||
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AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Health Care Worker Background Check Act is | ||||
amended by changing Section 15 as follows: | ||||
(225 ILCS 46/15) | ||||
Sec. 15. Definitions. In this Act: | ||||
"Applicant" means an individual enrolling in a training | ||||
program, seeking employment, whether paid or on a volunteer | ||||
basis, with a health care employer who has received a bona fide | ||||
conditional offer of employment. | ||||
"Conditional offer of employment" means a bona fide offer | ||||
of employment by a health care employer to an applicant, which | ||||
is contingent upon the receipt of a report from the Department | ||||
of Public Health indicating that the applicant does not have a | ||||
record of conviction of any of the criminal offenses | ||||
enumerated in Section 25. | ||||
"Department" means the Department of Public Health. | ||||
"Direct care" means the provision of nursing care or | ||||
assistance with feeding, dressing, movement, bathing, | ||||
toileting, or other personal needs, including home services as | ||||
defined in the Home Health, Home Services, and Home Nursing | ||||
Agency Licensing Act. |
The entity responsible for inspecting and licensing, | ||
certifying, or registering the health care employer may, by | ||
administrative rule, prescribe guidelines for interpreting | ||
this definition with regard to the health care employers that | ||
it licenses. | ||
"Director" means the Director of Public Health. | ||
"Disqualifying offenses" means those offenses set forth in | ||
Section 25 of this Act. | ||
"Employee" means any individual hired, employed, or | ||
retained, whether paid or on a volunteer basis, to which this | ||
Act applies. | ||
"Finding" means the Department's determination of whether | ||
an allegation is verified and substantiated. | ||
"Fingerprint-based criminal history records check" means a | ||
livescan fingerprint-based criminal history records check | ||
submitted as a fee applicant inquiry in the form and manner | ||
prescribed by the Illinois State Police. | ||
"Health care employer" means: | ||
(1) the owner or licensee of any of the following: | ||
(i) a community living facility, as defined in the | ||
Community Living Facilities Licensing Act; | ||
(ii) a life care facility, as defined in the Life | ||
Care Facilities Act; | ||
(iii) a long-term care facility; | ||
(iv) a home health agency, home services agency, | ||
or home nursing agency as defined in the Home Health, |
Home Services, and Home Nursing Agency Licensing Act; | ||
(v) a hospice care program or volunteer hospice | ||
program, as defined in the Hospice Program Licensing | ||
Act; | ||
(vi) a hospital, as defined in the Hospital | ||
Licensing Act; | ||
(vii) (blank); | ||
(viii) a nurse agency, as defined in the Nurse | ||
Agency Licensing Act; | ||
(ix) a respite care provider, as defined in the | ||
Respite Program Act; | ||
(ix-a) an establishment licensed under the | ||
Assisted Living and Shared Housing Act; | ||
(x) a supportive living program, as defined in the | ||
Illinois Public Aid Code; | ||
(xi) early childhood intervention programs as | ||
described in 59 Ill. Adm. Code 121; | ||
(xii) the University of Illinois Hospital, | ||
Chicago; | ||
(xiii) programs funded by the Department on Aging | ||
through the Community Care Program; | ||
(xiv) programs certified to participate in the | ||
Supportive Living Program authorized pursuant to | ||
Section 5-5.01a of the Illinois Public Aid Code; | ||
(xv) programs listed by the Emergency Medical | ||
Services (EMS) Systems Act as Freestanding Emergency |
Centers; | ||
(xvi) locations licensed under the Alternative | ||
Health Care Delivery Act; | ||
(2) a day training program certified by the Department | ||
of Human Services; | ||
(3) a community integrated living arrangement operated | ||
by a community mental health and developmental service | ||
agency, as defined in the Community-Integrated Living | ||
Arrangements Licensure and Certification Act; | ||
(4) the State Long Term Care Ombudsman Program, | ||
including any regional long term care ombudsman programs | ||
under Section 4.04 of the Illinois Act on the Aging, only | ||
for the purpose of securing background checks; | ||
(5) the Department of Corrections or a third-party | ||
vendor employing certified nursing assistants working with | ||
the Department of Corrections; or | ||
(6) a financial management services entity contracted | ||
with the Department of Human Services, Division of | ||
Developmental Disabilities, which is not the employer of | ||
personal support workers but supports individuals | ||
receiving participant directed services, to administer the | ||
individuals' employer authority. A financial management | ||
services entity assists participants in completing | ||
background check requirements, collecting and processing | ||
time sheets for support workers, and processing payroll, | ||
withholding, filing, and payment of applicable federal, |
State, and local employment-related taxes and insurance ; | ||
or | ||
(7) a Comprehensive Community Mental Health Center | ||
certified by the Department of Human Services . | ||
"Initiate" means obtaining from a student, applicant, or | ||
employee his or her social security number, demographics, a | ||
disclosure statement, and an authorization for the Department | ||
of Public Health or its designee to request a | ||
fingerprint-based criminal history records check; transmitting | ||
this information electronically to the Department of Public | ||
Health; conducting Internet searches on certain web sites, | ||
including without limitation the Illinois Sex Offender | ||
Registry, the Department of Corrections' Sex Offender Search | ||
Engine, the Department of Corrections' Inmate Search Engine, | ||
the Department of Corrections Wanted Fugitives Search Engine, | ||
the National Sex Offender Public Registry, and the List of | ||
Excluded Individuals and Entities database on the website of | ||
the Health and Human Services Office of Inspector General to | ||
determine if the applicant has been adjudicated a sex | ||
offender, has been a prison inmate, or has committed Medicare | ||
or Medicaid fraud, or conducting similar searches as defined | ||
by rule; and having the student, applicant, or employee's | ||
fingerprints collected and transmitted electronically to the | ||
Illinois State Police. | ||
"Livescan vendor" means an entity whose equipment has been | ||
certified by the Illinois State Police to collect an |
individual's demographics and inkless fingerprints and, in a | ||
manner prescribed by the Illinois State Police and the | ||
Department of Public Health, electronically transmit the | ||
fingerprints and required data to the Illinois State Police | ||
and a daily file of required data to the Department of Public | ||
Health. The Department of Public Health shall negotiate a | ||
contract with one or more vendors that effectively demonstrate | ||
that the vendor has 2 or more years of experience transmitting | ||
fingerprints electronically to the Illinois State Police and | ||
that the vendor can successfully transmit the required data in | ||
a manner prescribed by the Department of Public Health. Vendor | ||
authorization may be further defined by administrative rule. | ||
"Long-term care facility" means a facility licensed by the | ||
State or certified under federal law as a long-term care | ||
facility, including without limitation facilities licensed | ||
under the Nursing Home Care Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||
the MC/DD Act, a supportive living facility, an assisted | ||
living establishment, or a shared housing establishment or | ||
registered as a board and care home. | ||
"Resident" means a person, individual, or patient under | ||
the direct care of a health care employer or who has been | ||
provided goods or services by a health care employer. | ||
(Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21; | ||
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff. | ||
1-1-24 .) |