HB4665 100TH GENERAL ASSEMBLY

LRB100 16246 RLC 31369 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4665

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

See Index

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Division of Developmental Disabilities of the Department of Human Services shall implement a direct support professional credential pilot program to assist and attract persons into the field of direct support, advance direct support as a career, and professionalize the developmental disabilities field to promote workforce recruitment and retention efforts, advance skills and competencies, and further ensure the health, safety, and well-being of persons being served. Amends the Health Care Worker Background Check Act. Defines "nursing or nursing-related services for pay". Amends the Nurse Practice Act. Provides that a certified nursing assistant shall lose his or her certification status if he or she goes 24 consecutive months without performing nursing or nursing-related services for pay. Amends the Illinois Public Aid Code. Provides that the Department of Healthcare and Family Services and the Department of Human Services shall jointly submit the necessary application to the federal Centers for Medicare and Medicaid Services for a waiver or State Plan Amendment to allow remote monitoring and supports services for persons with intellectual and developmental disabilities and seniors requiring in-home care, as a waiver reimbursable service. Provides that the application shall be submitted no later than September 30, 2018. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 4.4 as follows:

(20 ILCS 1705/4.4 new)

Sec. 4.4. Direct support professional credential pilot program.

(a) In this Section, "direct support professional credential" means a document issued to an individual by a recognized accrediting body attesting that the individual has met the professional requirements of the credentialing program by the Division of Developmental Disabilities of the Department of Human Services.

(b) The Division shall initiate a program to continue to gain the expertise and knowledge of the developmental disabilities workforce and of the developmental disabilities workforce recruitment and retention needs throughout the developmental disabilities field. The Division shall implement a direct support professional credential pilot program to assist and attract persons into the field of direct support, advance direct support as a career, and professionalize the field to promote workforce recruitment and retention efforts, advance skills and competencies, and further ensure the health, safety, and well-being of persons being served.

(c) The direct support professional credential pilot program is created within the Division to assist persons in the field of developmental disabilities to obtain credentials in their fields of expertise.

(d) The pilot program shall be administered by the Division for 3 years. The pilot program shall include State-operated facilities and not-for-profit providers, licensed and certified by the Division. The purpose of the pilot program is to assess how the establishment of a State-accredited direct support professional credential:

(1) promotes recruitment and retention efforts in the developmental disabilities field, notably the direct support professional position;

(2) enhances competence in the developmental disabilities field;

(3) yields quality supports and services to persons with developmental disabilities; and

(4) advances the health and safety requirements set forth by the State.

(e) The Division, in administering the pilot program, shall consider, but is not limited to, the following:

(1) best practices learning initiatives, including the University of Minnesota's college of direct support and all Department of Human Services-approved direct support professional competencies;

(2) national direct support professional competencies or credentialing-based standards and trainings;

(3) facilitating direct support professionals' portfolio development;

(4) the role and value of skill mentors; and

(5) creating a career ladder.

(f) The Division shall produce a report detailing the progress of the pilot program, including, but not limited to:

(1) the rate of recruitment and retention for direct support professionals of providers participating in the pilot program compared to the rate for non-participating providers;

(2) the number of direct support professionals credentialed; and

(3) the enhancement of quality supports and services to persons with developmental disabilities.

Section 10. The Health Care Worker Background Check Act is amended by changing Section 33 as follows:

(225 ILCS 46/33)

Sec. 33. Fingerprint-based criminal history records check.

(a) A fingerprint-based criminal history records check is not required for health care employees who have been continuously employed by a health care employer since October 1, 2007, have met the requirements for criminal history background checks prior to October 1, 2007, and have no disqualifying convictions or requested and received a waiver of those disqualifying convictions. These employees shall be retained on the Health Care Worker Registry as long as they remain active. Nothing in this subsection (a) shall be construed to prohibit a health care employer from initiating a criminal history records check for these employees. Should these employees seek a new position with a different health care employer, then a fingerprint-based criminal history records check shall be required.

(b) On October 1, 2007 or as soon thereafter as is reasonably practical, in the discretion of the Director of Public Health, and thereafter, any student, applicant, or employee who desires to be included on the Department of Public Health's Health Care Worker Registry shall authorize the Department of Public Health or its designee to request a fingerprint-based criminal history records check to determine if the individual has a conviction for a disqualifying offense. This authorization shall allow the Department of Public Health to request and receive information and assistance from any State or governmental agency. Each individual shall submit his or her fingerprints to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information prescribed by the Department of State Police. The fingerprints submitted under this Section shall be checked against the fingerprint records now and hereafter filed in the Department of State Police criminal history record databases. The Department of State Police shall charge a fee for conducting the criminal history records check, which shall not exceed the actual cost of the records check. The livescan vendor may act as the designee for individuals, educational entities, or health care employers in the collection of Department of State Police fees and deposit those fees into the State Police Services Fund. The Department of State Police shall provide information concerning any criminal convictions, now or hereafter filed, against the individual.

(c) On October 1, 2007 or as soon thereafter as is reasonably practical, in the discretion of the Director of Public Health, and thereafter, an educational entity, other than a secondary school, conducting a nurse aide training program shall initiate a fingerprint-based criminal history records check required by this Act prior to entry of an individual into the training program.

(d) On October 1, 2007 or as soon thereafter as is reasonably practical, in the discretion of the Director of Public Health, and thereafter, a health care employer who makes a conditional offer of employment to an applicant for a position as an employee shall initiate a fingerprint-based criminal history record check, requested by the Department of Public Health, on the applicant, if such a background check has not been previously conducted.

(e) When initiating a background check requested by the Department of Public Health, an educational entity or health care employer shall electronically submit to the Department of Public Health the student's, applicant's, or employee's social security number, demographics, disclosure, and authorization information in a format prescribed by the Department of Public Health within 2 working days after the authorization is secured. The student, applicant, or employee shall have his or her fingerprints collected electronically and transmitted to the Department of State Police within 10 working days. The educational entity or health care employer shall transmit all necessary information and fees to the livescan vendor and Department of State Police within 10 working days after receipt of the authorization. This information and the results of the criminal history record checks shall be maintained by the Department of Public Health's Health Care Worker Registry.

(f) A direct care employer may initiate a fingerprint-based background check required by this Act for any of its employees, but may not use this process to initiate background checks for residents. The results of any fingerprint-based background check that is initiated with the Department as the requester shall be entered in the Health Care Worker Registry.

(g) As long as the employee has had a fingerprint-based criminal history record check required by this Act and stays active on the Health Care Worker Registry, no further criminal history record checks are required, as the Department of State Police shall notify the Department of Public Health of any additional convictions associated with the fingerprints previously submitted. Health care employers shall check the Health Care Worker Registry before hiring an employee to determine that the individual has had a fingerprint-based record check required by this Act and has no disqualifying convictions or has been granted a waiver pursuant to Section 40 of this Act. If the individual has not had such a background check or is not active on the Health Care Worker Registry, then the health care employer shall initiate a fingerprint-based record check requested by the Department of Public Health. If an individual is inactive on the Health Care Worker Registry, that individual is prohibited from being hired to work as a certified nursing assistant if, since the individual's most recent completion of a competency test, there has been a period of 24 consecutive months during which the individual has not provided nursing or nursing-related services for pay. If the individual can provide proof of having retained his or her certification by not having a 24-consecutive-month break in service for pay, he or she may be hired as a certified nursing assistant and that employment information shall be entered into the Health Care Worker Registry. As used in this Section, "nursing or nursing-related services for pay" includes work performed as a direct support professional as it is defined in the Community Services Act.

(h) On October 1, 2007 or as soon thereafter as is reasonably practical, in the discretion of the Director of Public Health, and thereafter, if the Department of State Police notifies the Department of Public Health that an employee has a new conviction of a disqualifying offense, based upon the fingerprints that were previously submitted, then (i) the Health Care Worker Registry shall notify the employee's last known employer of the offense, (ii) a record of the employee's disqualifying offense shall be entered on the Health Care Worker Registry, and (iii) the individual shall no longer be eligible to work as an employee unless he or she obtains a waiver pursuant to Section 40 of this Act.

(i) On October 1, 2007, or as soon thereafter, in the discretion of the Director of Public Health, as is reasonably practical, and thereafter, each direct care employer or its designee shall provide an employment verification for each employee no less than annually. The direct care employer or its designee shall log into the Health Care Worker Registry through a secure login. The health care employer or its designee shall indicate employment and termination dates within 30 days after hiring or terminating an employee, as well as the employment category and type. Failure to comply with this subsection (i) constitutes a licensing violation. A fine of up to $500 may be imposed for failure to maintain these records. This information shall be used by the Department of Public Health to notify the last known employer of any disqualifying offenses that are reported by the Department of State Police.

(j) In the event that an applicant or employee has a waiver for one or more disqualifying offenses pursuant to Section 40 of this Act and he or she is otherwise eligible to work, the Health Care Worker Registry shall indicate that the applicant or employee is eligible to work and that additional information is available on the Health Care Worker Registry. The Health Care Worker Registry may indicate that the applicant or employee has received a waiver.

(k) The student, applicant, or employee shall be notified of each of the following whenever a fingerprint-based criminal history records check is required:

(1) That the educational entity, health care employer, or long-term care facility shall initiate a fingerprint-based criminal history record check required by this Act of the student, applicant, or employee.

(2) That the student, applicant, or employee has a right to obtain a copy of the criminal records report that indicates a conviction for a disqualifying offense and challenge the accuracy and completeness of the report through an established Department of State Police procedure of Access and Review.

(3) That the applicant, if hired conditionally, may be terminated if the criminal records report indicates that the applicant has a record of a conviction of any of the criminal offenses enumerated in Section 25, unless the applicant obtains a waiver pursuant to Section 40 of this Act.

(4) That the applicant, if not hired conditionally, shall not be hired if the criminal records report indicates that the applicant has a record of a conviction of any of the criminal offenses enumerated in Section 25, unless the applicant obtains a waiver pursuant to Section 40 of this Act.

(5) That the employee shall be terminated if the criminal records report indicates that the employee has a record of a conviction of any of the criminal offenses enumerated in Section 25.

(6) If, after the employee has originally been determined not to have disqualifying offenses, the employer is notified that the employee has a new conviction(s) of any of the criminal offenses enumerated in Section 25, then the employee shall be terminated.

(l) A health care employer or long-term care facility may conditionally employ an applicant for up to 3 months pending the results of a fingerprint-based criminal history record check requested by the Department of Public Health.

(m) The Department of Public Health or an entity responsible for inspecting, licensing, certifying, or registering the health care employer or long-term care facility shall be immune from liability for notices given based on the results of a fingerprint-based criminal history record check.

(Source: P.A. 99-872, eff. 1-1-17; 100-432, eff. 8-25-17.)

Section 15. The Nurse Practice Act is amended by adding Section 80-41 as follows:

(225 ILCS 65/80-41 new)

Sec. 80-41. Certification status for certified nursing assistants. A certified nursing assistant shall lose his or her certification status if he or she goes 24 consecutive months without performing nursing or nursing-related services for pay. In this Section, "nursing or nursing related services" includes work performed as a direct support professional as it is defined in the Community Services Act.

Section 20. The Illinois Public Aid Code is amended by adding Section 12-21.21 as follows:

(305 ILCS 5/12-21.21 new)

Sec. 12-21.21. Federal waiver or State Plan Amendment. The Department of Healthcare and Family Services and the Department of Human Services shall jointly submit the necessary application to the federal Centers for Medicare and Medicaid Services for a waiver or State Plan Amendment to allow remote monitoring and supports services for persons with intellectual and developmental disabilities and seniors requiring in-home care, as a waiver reimbursable service. The application shall be submitted no later than September 30, 2018.

Section 99. Effective date. This Act takes effect upon becoming law.