91st General Assembly
Summary of HB4396
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House Sponsors:
BELLOCK-LANG-LINDNER-LYONS,EILEEN-HULTGREN, SCOTT, BASSI, 
   DAVIS,MONIQUE AND HARRIS.

Senate Sponsors:
DILLARD-PARKER

Short description: 
NURSE AID REG-ABUSE REPORTING                                              

Synopsis of Bill as introduced:
        Amends  the  Mental   Health   and   Developmental   Disabilities      
   Administrative  Act  and  the  Abused  and  Neglected  Long  Term Care      
   Facility Residents Reporting Act.  Provides that the Inspector General      
   shall report, for inclusion on the nurse aide registry,  the  identity      
   of  any  individual  whose  employment  is terminated by a facility or      
   program providing mental health or developmental  disability  services      
   that  is  licensed,  certified,  or  funded by the Department of Human      
   Services pursuant to a substantiated finding of abuse or neglect of  a      
   service  recipient  and  that  the  Department  shall  be empowered to      
   require that  no  facility  or  program  providing  mental  health  or      
   developmental  disability  services  that  is  licensed, certified, or      
   funded by the Department shall employ such a person.                        
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          210 ILCS 45/3-206.01  from Ch. 111 1/2, par. 4153-206.01             
        Deletes everything. Amends the Mental Health and Developmental         
   Disabilities Administrative Act. Provides that the Department shall be      
   empowered to require that no facility, service agency, or support           
   agency providing mental health or developmental disability services         
   that is licensed, certified, operated, or funded by the Department          
   shall employ a person who is identified by the nurse aide registry as       
   having been previously terminated by a facility, service agency, or         
   support agency licensed, certified, operated, or funded by the              
   Department pursuant to a substantiated finding of abuse or neglect of       
   a service recipient, or who has previously resigned from a facility,        
   service agency, or support agency subsequent to an incident that later      
   resulted in a substantiated finding of abuse or neglect of a service        
   recipient by that individual. Amends the Abused and Neglected Long          
   Term Care Facility Residents Reporting Act. Provides that the Inspec-       
   tor General shall report such individuals to the Department of Public       
   Health's nurse aide registry and the procedures for such a report.          
   Amends the Nursing Home Care Act. Provides that the Department of           
   Public Health shall add to or remove from the registry the individuals      
   reported by the Inspector General.  Effective immediately.                  
        HOUSE AMENDMENT NO. 2.                                                 
        Makes establishment and maintenance of rules by the Department of      
   Human Services prohibiting the employment of a  person  identified  by      
   the  nurse aide registry as having a substantiated finding of abuse or      
   neglect of a service recipient mandatory.  Provides that  the  hearing      
   prior  to  the  Inspector General's report to the registry is separate      
   and distinct from  the  Office  of  the  Inspector  General's  appeals      
   process  in  place for the individual as a result of substantiation of      
   abuse or neglect.  Provides that  the  Department  of  Human  Services      
   shall  promulgate  or  amend  rules  as  necessary  or  appropriate to      
   establish procedure  for  reporting  to  the  registry.   Changes  the      
   effective date to make the bill effective on January 1, 2001.               
        HOUSE AMENDMENT NO. 3.                                                 
          Deletes reference to:                                                
          20 ILCS1705/7.3 new                                                  
          210 ILCS 30/6.2                                                      
        Replaces  everything  after  the  enacting  clause.   Amends  the      
   Nursing Home Care Act.   Makes  a  technical  change  in  the  Section      
   concerning the nurse aide registry.                                         
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          20 ILCS 1705/7.3 new                                                 
          210 ILCS 30/6.2                 from Ch. 111 1/2, par. 4166.2        
        Replaces everything after the enacting clause.  Amends the Mental      
   Health and Developmental  Disabilities  Administrative  Act.  Provides      
   that the Department shall require that no facility, service agency, or      
   support  agency  providing  mental  health or developmental disability      
   services that is licensed,  certified,  operated,  or  funded  by  the      
   Department  shall  employ a person who is identified by the nurse aide      
   registry as having been previously terminated by a  facility,  service      
   agency,  or support agency licensed, certified, operated, or funded by      
   the Department pursuant to a substantiated finding of abuse or neglect      
   of a  service  recipient,  or  who  has  previously  resigned  from  a      
   facility,  service agency, or support agency subsequent to an incident      
   that later resulted in a substantiated finding of abuse or neglect  of      
   a  service  recipient  by  that  individual.  Amends  the  Abused  and      
   Neglected  Long  Term  Care Facility Residents Reporting Act. Provides      
   that the Inspector  General  shall  report  such  individuals  to  the      
   Department  of  Public Health's nurse aide registry and the procedures      
   for such a report. Amends the Nursing Home Care Act. Provides that the      
   Department of Public Health shall add to or remove from  the  registry      
   the  individuals  reported  by  the  Inspector  General.  Effective on      
   January 1, 2001.                                                            
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   1


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