Illinois General Assembly - Full Text of HB2285
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Full Text of HB2285  103rd General Assembly




HB2285 EnrolledLRB103 26209 AMQ 52568 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Health Care Worker Background Check Act is
5amended by changing Section 15 as follows:
6    (225 ILCS 46/15)
7    Sec. 15. Definitions. In this Act:
8    "Applicant" means an individual enrolling in a training
9program, seeking employment, whether paid or on a volunteer
10basis, with a health care employer who has received a bona fide
11conditional offer of employment.
12    "Conditional offer of employment" means a bona fide offer
13of employment by a health care employer to an applicant, which
14is contingent upon the receipt of a report from the Department
15of Public Health indicating that the applicant does not have a
16record of conviction of any of the criminal offenses
17enumerated in Section 25.
18    "Department" means the Department of Public Health.
19    "Direct care" means the provision of nursing care or
20assistance with feeding, dressing, movement, bathing,
21toileting, or other personal needs, including home services as
22defined in the Home Health, Home Services, and Home Nursing
23Agency Licensing Act. The entity responsible for inspecting



HB2285 Enrolled- 2 -LRB103 26209 AMQ 52568 b

1and licensing, certifying, or registering the health care
2employer may, by administrative rule, prescribe guidelines for
3interpreting this definition with regard to the health care
4employers that it licenses.
5    "Director" means the Director of Public Health.
6    "Disqualifying offenses" means those offenses set forth in
7Section 25 of this Act.
8    "Employee" means any individual hired, employed, or
9retained, whether paid or on a volunteer basis, to which this
10Act applies.
11    "Finding" means the Department's determination of whether
12an allegation is verified and substantiated.
13    "Fingerprint-based criminal history records check" means a
14livescan fingerprint-based criminal history records check
15submitted as a fee applicant inquiry in the form and manner
16prescribed by the Illinois State Police.
17    "Health care employer" means:
18        (1) the owner or licensee of any of the following:
19            (i) a community living facility, as defined in the
20        Community Living Facilities Licensing Act;
21            (ii) a life care facility, as defined in the Life
22        Care Facilities Act;
23            (iii) a long-term care facility;
24            (iv) a home health agency, home services agency,
25        or home nursing agency as defined in the Home Health,
26        Home Services, and Home Nursing Agency Licensing Act;



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1            (v) a hospice care program or volunteer hospice
2        program, as defined in the Hospice Program Licensing
3        Act;
4            (vi) a hospital, as defined in the Hospital
5        Licensing Act;
6            (vii) (blank);
7            (viii) a nurse agency, as defined in the Nurse
8        Agency Licensing Act;
9            (ix) a respite care provider, as defined in the
10        Respite Program Act;
11            (ix-a) an establishment licensed under the
12        Assisted Living and Shared Housing Act;
13            (x) a supportive living program, as defined in the
14        Illinois Public Aid Code;
15            (xi) early childhood intervention programs as
16        described in 59 Ill. Adm. Code 121;
17            (xii) the University of Illinois Hospital,
18        Chicago;
19            (xiii) programs funded by the Department on Aging
20        through the Community Care Program;
21            (xiv) programs certified to participate in the
22        Supportive Living Program authorized pursuant to
23        Section 5-5.01a of the Illinois Public Aid Code;
24            (xv) programs listed by the Emergency Medical
25        Services (EMS) Systems Act as Freestanding Emergency
26        Centers;



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1            (xvi) locations licensed under the Alternative
2        Health Care Delivery Act;
3        (2) a day training program certified by the Department
4    of Human Services;
5        (3) a community integrated living arrangement operated
6    by a community mental health and developmental service
7    agency, as defined in the Community-Integrated Living
8    Arrangements Licensure and Certification Act;
9        (4) the State Long Term Care Ombudsman Program,
10    including any regional long term care ombudsman programs
11    under Section 4.04 of the Illinois Act on the Aging, only
12    for the purpose of securing background checks; or
13        (5) the Department of Corrections or a third-party
14    vendor employing certified nursing assistants working with
15    the Department of Corrections; or .
16        (6) a financial management services entity contracted
17    with the Department of Human Services, Division of
18    Developmental Disabilities, which is not the employer of
19    personal support workers but supports individuals
20    receiving participant directed services, to administer the
21    individuals' employer authority. A financial management
22    services entity assists participants in completing
23    background check requirements, collecting and processing
24    time sheets for support workers, and processing payroll,
25    withholding, filing, and payment of applicable federal,
26    State, and local employment-related taxes and insurance.



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1    "Initiate" means obtaining from a student, applicant, or
2employee his or her social security number, demographics, a
3disclosure statement, and an authorization for the Department
4of Public Health or its designee to request a
5fingerprint-based criminal history records check; transmitting
6this information electronically to the Department of Public
7Health; conducting Internet searches on certain web sites,
8including without limitation the Illinois Sex Offender
9Registry, the Department of Corrections' Sex Offender Search
10Engine, the Department of Corrections' Inmate Search Engine,
11the Department of Corrections Wanted Fugitives Search Engine,
12the National Sex Offender Public Registry, and the List of
13Excluded Individuals and Entities database on the website of
14the Health and Human Services Office of Inspector General to
15determine if the applicant has been adjudicated a sex
16offender, has been a prison inmate, or has committed Medicare
17or Medicaid fraud, or conducting similar searches as defined
18by rule; and having the student, applicant, or employee's
19fingerprints collected and transmitted electronically to the
20Illinois State Police.
21    "Livescan vendor" means an entity whose equipment has been
22certified by the Illinois State Police to collect an
23individual's demographics and inkless fingerprints and, in a
24manner prescribed by the Illinois State Police and the
25Department of Public Health, electronically transmit the
26fingerprints and required data to the Illinois State Police



HB2285 Enrolled- 6 -LRB103 26209 AMQ 52568 b

1and a daily file of required data to the Department of Public
2Health. The Department of Public Health shall negotiate a
3contract with one or more vendors that effectively demonstrate
4that the vendor has 2 or more years of experience transmitting
5fingerprints electronically to the Illinois State Police and
6that the vendor can successfully transmit the required data in
7a manner prescribed by the Department of Public Health. Vendor
8authorization may be further defined by administrative rule.
9    "Long-term care facility" means a facility licensed by the
10State or certified under federal law as a long-term care
11facility, including without limitation facilities licensed
12under the Nursing Home Care Act, the Specialized Mental Health
13Rehabilitation Act of 2013, the ID/DD Community Care Act, or
14the MC/DD Act, a supportive living facility, an assisted
15living establishment, or a shared housing establishment or
16registered as a board and care home.
17    "Resident" means a person, individual, or patient under
18the direct care of a health care employer or who has been
19provided goods or services by a health care employer.
20(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21;
21102-503, eff. 8-20-21; 102-538, eff. 8-20-21; 102-813, eff.