Bill Amendment: IL HB3841 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: NURS HM-RESID BACKGROUND CHECK
Status: 2015-08-24 - Public Act . . . . . . . . . 99-0453 [HB3841 Detail]
Download: Illinois-2015-HB3841-House_Amendment_003.html
Bill Title: NURS HM-RESID BACKGROUND CHECK
Status: 2015-08-24 - Public Act . . . . . . . . . 99-0453 [HB3841 Detail]
Download: Illinois-2015-HB3841-House_Amendment_003.html
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1 | AMENDMENT TO HOUSE BILL 3841
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2 | AMENDMENT NO. ______. Amend House Bill 3841, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Nursing Home Care Act is amended by | ||||||
6 | changing Section 2-201.5 as follows:
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7 | (210 ILCS 45/2-201.5) | ||||||
8 | Sec. 2-201.5. Screening prior to admission. | ||||||
9 | (a) All persons age 18 or older seeking admission to a | ||||||
10 | nursing
facility must be screened to
determine the need for | ||||||
11 | nursing facility services prior to being admitted,
regardless | ||||||
12 | of income, assets, or funding source. Screening for nursing | ||||||
13 | facility services shall be administered
through procedures | ||||||
14 | established by administrative rule. Screening may be done
by | ||||||
15 | agencies other than the Department as established by | ||||||
16 | administrative rule.
This Section applies on and after July 1, |
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1 | 1996. No later than October 1, 2010, the Department of | ||||||
2 | Healthcare and Family Services, in collaboration with the | ||||||
3 | Department on Aging, the Department of Human Services, and the | ||||||
4 | Department of Public Health, shall file administrative rules | ||||||
5 | providing for the gathering, during the screening process, of | ||||||
6 | information relevant to determining each person's potential | ||||||
7 | for placing other residents, employees, and visitors at risk of | ||||||
8 | harm. | ||||||
9 | (a-1) Any screening performed pursuant to subsection (a) of
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10 | this Section shall include a determination of whether any
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11 | person is being considered for admission to a nursing facility | ||||||
12 | due to a
need for mental health services. For a person who | ||||||
13 | needs
mental health services, the screening shall
also include | ||||||
14 | an evaluation of whether there is permanent supportive housing, | ||||||
15 | or an array of
community mental health services, including but | ||||||
16 | not limited to
supported housing, assertive community | ||||||
17 | treatment, and peer support services, that would enable the | ||||||
18 | person to live in the community. The person shall be told about | ||||||
19 | the existence of any such services that would enable the person | ||||||
20 | to live safely and humanely and about available appropriate | ||||||
21 | nursing home services that would enable the person to live | ||||||
22 | safely and humanely, and the person shall be given the | ||||||
23 | assistance necessary to avail himself or herself of any | ||||||
24 | available services. | ||||||
25 | (a-2) Pre-screening for persons with a serious mental | ||||||
26 | illness shall be performed by a psychiatrist, a psychologist, a |
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1 | registered nurse certified in psychiatric nursing, a licensed | ||||||
2 | clinical professional counselor, or a licensed clinical social | ||||||
3 | worker,
who is competent to (i) perform a clinical assessment | ||||||
4 | of the individual, (ii) certify a diagnosis, (iii) make a
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5 | determination about the individual's current need for | ||||||
6 | treatment, including substance abuse treatment, and recommend | ||||||
7 | specific treatment, and (iv) determine whether a facility or a | ||||||
8 | community-based program
is able to meet the needs of the | ||||||
9 | individual. | ||||||
10 | For any person entering a nursing facility, the | ||||||
11 | pre-screening agent shall make specific recommendations about | ||||||
12 | what care and services the individual needs to receive, | ||||||
13 | beginning at admission, to attain or maintain the individual's | ||||||
14 | highest level of independent functioning and to live in the | ||||||
15 | most integrated setting appropriate for his or her physical and | ||||||
16 | personal care and developmental and mental health needs. These | ||||||
17 | recommendations shall be revised as appropriate by the | ||||||
18 | pre-screening or re-screening agent based on the results of | ||||||
19 | resident review and in response to changes in the resident's | ||||||
20 | wishes, needs, and interest in transition. | ||||||
21 | Upon the person entering the nursing facility, the | ||||||
22 | Department of Human Services or its designee shall assist the | ||||||
23 | person in establishing a relationship with a community mental | ||||||
24 | health agency or other appropriate agencies in order to (i) | ||||||
25 | promote the person's transition to independent living and (ii) | ||||||
26 | support the person's progress in meeting individual goals. |
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1 | (a-3) The Department of Human Services, by rule, shall | ||||||
2 | provide for a prohibition on conflicts of interest for | ||||||
3 | pre-admission screeners. The rule shall provide for waiver of | ||||||
4 | those conflicts by the Department of Human Services if the | ||||||
5 | Department of Human Services determines that a scarcity of | ||||||
6 | qualified pre-admission screeners exists in a given community | ||||||
7 | and that, absent a waiver of conflicts, an insufficient number | ||||||
8 | of pre-admission screeners would be available. If a conflict is | ||||||
9 | waived, the pre-admission screener shall disclose the conflict | ||||||
10 | of interest to the screened individual in the manner provided | ||||||
11 | for by rule of the Department of Human Services. For the | ||||||
12 | purposes of this subsection, a "conflict of interest" includes, | ||||||
13 | but is not limited to, the existence of a professional or | ||||||
14 | financial relationship between (i) a PAS-MH corporate or a | ||||||
15 | PAS-MH agent and (ii) a community provider or long-term care | ||||||
16 | facility. | ||||||
17 | (b) In addition to the screening required by subsection | ||||||
18 | (a), a facility, except for those licensed as long term care | ||||||
19 | for under age 22 facilities, shall, within 24 hours after | ||||||
20 | admission, request a criminal history background check | ||||||
21 | pursuant to the Uniform Conviction Information Act for all | ||||||
22 | persons age 18 or older seeking admission to the facility, | ||||||
23 | unless (i) a background check was initiated by a hospital | ||||||
24 | pursuant to subsection (d) of Section 6.09 of the Hospital | ||||||
25 | Licensing Act ; (ii) the transferring resident is immobile; | ||||||
26 | (iii) the transferring resident is moving into hospice; (iv) |
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1 | the transferring resident is wheelchair bound and is 75 years | ||||||
2 | of age or older; or (v) the transferring resident is 65 years | ||||||
3 | of age or older and has undergone a fingerprint screening that | ||||||
4 | showed no violent criminal history or criminal history for at | ||||||
5 | least 15 years and, based on risk analysis, does not show | ||||||
6 | indications of substance abuse or serious mental health issues. | ||||||
7 | The exemptions provided in items (ii) through (v) of this | ||||||
8 | subsection (b) shall apply only if a background check was | ||||||
9 | completed by the facility the resident resided at prior to | ||||||
10 | seeking admission to
the facility and the resident was | ||||||
11 | transferred to the facility
with no time passing during which | ||||||
12 | the resident was not
institutionalized. If item (ii), (iii), | ||||||
13 | (iv), or (v) of this subsection (b) applies,
the prior facility | ||||||
14 | shall provide a copy of its background check
of the resident | ||||||
15 | and all supporting documentation, including,
when applicable, | ||||||
16 | the criminal history report and the security
assessment, to the | ||||||
17 | facility to which the resident is being
transferred . Background | ||||||
18 | checks conducted pursuant to this Section shall be based on the | ||||||
19 | resident's name, date of birth, and other identifiers as | ||||||
20 | required by the Department of State Police. If the results of | ||||||
21 | the background check are inconclusive, the facility shall | ||||||
22 | initiate a fingerprint-based check, unless the fingerprint | ||||||
23 | check is waived by the Director of Public Health based on | ||||||
24 | verification by the facility that the resident is completely | ||||||
25 | immobile or that the resident meets other criteria related to | ||||||
26 | the resident's health or lack of potential risk which may be |
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1 | established by Departmental rule. A waiver issued pursuant to | ||||||
2 | this Section shall be valid only while the resident is immobile | ||||||
3 | or while the criteria supporting the waiver exist. The facility | ||||||
4 | shall provide for or arrange for any required fingerprint-based | ||||||
5 | checks to be taken on the premises of the facility. If a | ||||||
6 | fingerprint-based check is required, the facility shall | ||||||
7 | arrange for it to be conducted in a manner that is respectful | ||||||
8 | of the resident's dignity and that minimizes any emotional or | ||||||
9 | physical hardship to the resident. | ||||||
10 | (c) If the results of a resident's criminal history | ||||||
11 | background check reveal that the resident is an identified | ||||||
12 | offender as defined in Section 1-114.01, the facility shall do | ||||||
13 | the following: | ||||||
14 | (1) Immediately notify the Department of State Police, | ||||||
15 | in the form and manner required by the Department of State | ||||||
16 | Police, in collaboration with the Department of Public | ||||||
17 | Health, that the resident is an identified offender. | ||||||
18 | (2) Within 72 hours, arrange for a fingerprint-based | ||||||
19 | criminal history record inquiry to be requested on the | ||||||
20 | identified offender resident. The inquiry shall be based on | ||||||
21 | the subject's name, sex, race, date of birth, fingerprint | ||||||
22 | images, and other identifiers required by the Department of | ||||||
23 | State Police. The inquiry shall be processed through the | ||||||
24 | files of the Department of State Police and the Federal | ||||||
25 | Bureau of Investigation to locate any criminal history | ||||||
26 | record information that may exist regarding the subject. |
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1 | The Federal Bureau of Investigation shall furnish to the | ||||||
2 | Department of State Police,
pursuant to an inquiry under | ||||||
3 | this paragraph (2),
any criminal history record | ||||||
4 | information contained in its
files. | ||||||
5 | The facility shall comply with all applicable provisions | ||||||
6 | contained in the Uniform Conviction Information Act. | ||||||
7 | All name-based and fingerprint-based criminal history | ||||||
8 | record inquiries shall be submitted to the Department of State | ||||||
9 | Police electronically in the form and manner prescribed by the | ||||||
10 | Department of State Police. The Department of State Police may | ||||||
11 | charge the facility a fee for processing name-based and | ||||||
12 | fingerprint-based criminal history record inquiries. The fee | ||||||
13 | shall be deposited into the State Police Services Fund. The fee | ||||||
14 | shall not exceed the actual cost of processing the inquiry. | ||||||
15 | (d) (Blank).
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16 | (e) The Department shall develop and maintain a | ||||||
17 | de-identified database of residents who have injured facility | ||||||
18 | staff, facility visitors, or other residents, and the attendant | ||||||
19 | circumstances, solely for the purposes of evaluating and | ||||||
20 | improving resident pre-screening and assessment procedures | ||||||
21 | (including the Criminal History Report prepared under Section | ||||||
22 | 2-201.6) and the adequacy of Department requirements | ||||||
23 | concerning the provision of care and services to residents. A | ||||||
24 | resident shall not be listed in the database until a Department | ||||||
25 | survey confirms the accuracy of the listing. The names of | ||||||
26 | persons listed in the database and information that would allow |
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1 | them to be individually identified shall not be made public. | ||||||
2 | Neither the Department nor any other agency of State government | ||||||
3 | may use information in the database to take any action against | ||||||
4 | any individual, licensee, or other entity, unless the | ||||||
5 | Department or agency receives the information independent of | ||||||
6 | this subsection (e). All information
collected, maintained, or | ||||||
7 | developed under the authority of this subsection (e) for the | ||||||
8 | purposes of the database maintained under this subsection (e) | ||||||
9 | shall be treated in the same manner as information that is | ||||||
10 | subject to Part 21 of Article VIII of the Code of Civil | ||||||
11 | Procedure. | ||||||
12 | (Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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