Sen. Edward D. Maloney
Filed: 4/14/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2531




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    AMENDMENT NO. ______. Amend House Bill 2531 on page 1, line 
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5, after "40", by inserting "and by adding Section 70"; and

 
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on page 10, immediately below line 29, by inserting the 
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following:
 
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    "(225 ILCS 46/70  new)
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    Sec. 70. Centers for Medicare and Medicaid Services (CMMS) 
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grant.
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    (a) "Selected health care employer" means any of the 
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following that are located in counties selected to participate 
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in the CMMS grant:
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        (1) a community living facility as defined in the 
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    Community Living Facility Act;
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        (2) a long-term care facility as defined in the Nursing 
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    Home Care Act;
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        (3) a home health agency as defined in the Home Health 
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    Agency Licensing Act;
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        (4) a full hospice as defined in the Hospice Licensing 
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    Act;
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        (5) an establishment licensed under the Assisted 
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    Living and Shared Housing Act;
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        (6) a supportive living facility as defined in the 
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    Illinois Public Aid Code;
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        (7) a day training program certified by the Department 
 


 






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    of Human Services;
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        (8) a community integrated living arrangement operated 
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    by a community mental health and developmental service 
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    agency as defined in the Community Integrated Living 
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    Arrangements Licensing and Certification Act.

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    (b) Selected health care employers shall be phased in to 
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participate in the CMMS grant between January 1, 2006 and 
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January 1, 2007, as prescribed by the Department of Public 
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Health by rule.
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    (c) With regards to individuals who have direct access to 
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residents, patients, or clients of the selected health care 
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employer, selected health care employers must comply with 
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Section 25 of this Act.
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    "Individuals who have direct access" includes, but is not 
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limited to, (i) direct care workers as described in subsection 
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(a) of Section 25; (ii) individuals licensed by the Department 
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of Financial and Professional Regulation, such as nurses, 
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physicians, social workers, physical therapists, occupational 
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therapists, and pharmacists; (iii) individuals who provide 
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services on site, through contract; and (iv) non-direct care 
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workers, such as those who work in environmental services, food 
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service, and administration.
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    "Individuals who have direct access" does not include 
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volunteers.
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    The Department of Public Health may further define 
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"individuals who have direct access" by rule.

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    (d) Each applicant seeking employment in a position 
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described in subsection (c) of this Section with a selected 
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health care employer shall, as a condition of employment, have 
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his or her fingerprints submitted to the Department of State 
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Police in an electronic format that complies with the form and 
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manner for requesting and furnishing criminal history record 
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information by the Department of State Police and the Federal 
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Bureau of Investigation criminal history record databases now 
 


 






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and hereafter filed. The Department of State Police shall 
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charge a fee for conducting the criminal history records check, 
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which shall not exceed the actual cost of the records check. 
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The Department of State Police shall furnish, pursuant to 
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positive identification, records of Illinois convictions to 
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the Department of Public Health.
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    (e) A selected health care employer who makes a conditional 
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offer of employment to an applicant shall:
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        (1) ensure that the applicant has complied with the 
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    fingerprinting requirements of this Section;
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        (2) complete documentation relating to any criminal 
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    history record, as revealed by the applicant, as prescribed 
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    by rule by the Department of Public Health;
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        (3) complete documentation of the applicant's personal 
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    identifiers as prescribed by rule by the Department of 
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    Public Health; and
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        (4) provide supervision, as prescribed by rule by the 
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    licensing agency, if the applicant is hired and allowed to 
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    work prior to the results of the criminal history records 
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    check being obtained.
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    (f) A selected health care employer having actual knowledge 
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from a source that an individual with direct access to a 
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resident, patient, or client has been convicted of committing 
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or attempting to commit one of the offenses enumerated in 
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Section 25 of this Act shall contact the licensing agency or 
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follow other instructions as prescribed by administrative 
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rule.
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    (g) This Section shall be inapplicable upon the conclusion 
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of the CMMS grant.".