SB3037 94TH GENERAL ASSEMBLY

LRB094 17578 DRJ 52874 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3037

Introduced 1/20/2006, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

210 ILCS 45/1-114.01
210 ILCS 45/2-201.5
210 ILCS 45/3-402	from Ch. 111 1/2, par. 4153-402

Amends the Nursing Home Care Act. Provides that "identified offender" includes (i) a person who has been convicted of any felony offense listed in certain provisions of the Health Care Worker Background Check Act in the 5 years preceding his or her admission to a nursing facility (adding the 5-year time period limitation) or (ii) a person who has ever been convicted of certain specified offenses, including murder, solicitation of murder, kidnapping, indecent solicitation of a child, aggravated domestic battery, and others. Provides that identified offenders shall not be admitted to a nursing home unless the screening agency has requested criminal history record information in accordance with the Uniform Conviction Information Act; provides that individuals may be admitted to a nursing home while the results of a criminal history record information request are pending. Creates an exemption from the restrictions on involuntary transfer or discharge of a nursing home resident if the resident has been found to be an identified offender. Effective immediately.

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 Nursing Home Care Act is amended by changing Sections 1-114.01, 2-201.5, and 3-402 as follows:

(210 ILCS 45/1-114.01)

Sec. 1-114.01. Identified offender. "Identified offender" means a person who has been convicted of any felony offense listed in Section 25 of the Health Care Worker Background Check Act, is a registered sex offender, or is serving a term of parole, mandatory supervised release, or probation for a felony offense, or has been convicted of any felony offense listed in Section 25 of the Health Care Worker Background Check Act in the 5 years preceding his or her admission to a nursing facility, or has ever been convicted of any the following offenses under the Criminal Code of 1961:

(1) Solicitation of murder or solicitation of murder for hire.

(2) First degree murder, drug-induced homicide, involuntary manslaughter, reckless homicide, intentional homicide of an unborn child, voluntary manslaughter of an unborn child, involuntary manslaughter of an unborn child, reckless homicide of an unborn child, or concealment of homicidal death.

(3) Kidnaping or aggravated kidnaping.

(4) Indecent solicitation of a child, sexual exploitation of a child, exploitation of a child, or child pornography.

(5) Aggravated domestic battery, aggravated battery, heinous battery, aggravated battery with a firearm, aggravated battery with a machine gun, aggravated battery of a child, aggravated battery of an unborn child, aggravated battery of a senior citizen, or drug induced infliction of great bodily harm.

(6) Criminal sexual assault or aggravated criminal sexual assault.

(7) Criminal sexual abuse, aggravated criminal sexual abuse, or predatory criminal sexual assault of a child.

(8) Abuse or criminal neglect of a long-term care facility resident.

(9) Criminal abuse or neglect of an elderly or disabled person.

(10) Financial exploitation of an elderly person or a person with a disability.

(11) Armed robbery.

(12) Aggravated vehicular hijacking.

(13) Aggravated robbery.

(Source: P.A. 94-163, eff. 7-11-05.)

(210 ILCS 45/2-201.5)

Sec. 2-201.5. Screening prior to admission.

(a) All persons age 18 or older seeking admission to a nursing facility must be screened to determine the need for nursing facility services prior to being admitted, regardless of income, assets, or funding source. In addition, any person who seeks to become eligible for medical assistance from the Medical Assistance Program under the Illinois Public Aid Code to pay for long term care services while residing in a facility must be screened prior to receiving those benefits. Screening for nursing facility services shall be administered through procedures established by administrative rule. Screening may be done by agencies other than the Department as established by administrative rule. This Section applies on and after July 1, 1996.

(b) In addition to the screening required by subsection (a), identified offenders who seek admission to a licensed facility shall not be admitted unless the screening agency has requested criminal history record information in accordance with the Uniform Conviction Information Act and the licensed facility complies with the requirements of the Department's administrative rules adopted pursuant to Section 3-202.3. Individuals may be admitted to a licensed facility while the results of a criminal history record information request are pending.

(Source: P.A. 94-163, eff. 7-11-05.)

(210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)

Sec. 3-402. Involuntary transfer or discharge of a resident from a facility shall be preceded by the discussion required under Section 3-408 and by a minimum written notice of 21 days, except in one of the following instances:

(a) when an emergency transfer or discharge is ordered by the resident's attending physician because of the resident's health care needs; or

(b) when the transfer or discharge is mandated by the physical safety of other residents, the facility staff, or facility visitors, as documented in the clinical record, or the resident has been found to be an identified offender as defined in Section 1-114.01 of this Act. The Department shall be notified prior to any such involuntary transfer or discharge. The Department shall immediately offer transfer, or discharge and relocation assistance to residents transferred or discharged under this subparagraph (b), and the Department may place relocation teams as provided in Section 3-419 of this Act.

(Source: P.A. 84-1322.)

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