HB6926 96TH GENERAL ASSEMBLY

LRB096 23739 KTG 43120 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6926

Introduced , by Rep. Michael K. Smith

SYNOPSIS AS INTRODUCED:

20 ILCS 2405/3d new

Amends the Disabled Persons Rehabilitation Act. Requires the Department of Human Services to adopt a policy to inform each Home Services Program customer of the mandatory requirement of a criminal background investigation for individuals who are being selected as Personal Assistants or Private Duty Providers to that customer. Provides that the customer shall be informed of this requirement at the time of application and no personal assistant or provider shall begin employment until verification that the appropriate forms for a criminal background investigation have been signed by the personal assistant or provider and submitted for processing. Further provides that the results of the criminal background investigation shall be sent directly to the customer, and the customer shall have no obligation to share the results of the investigation. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Disabled Persons Rehabilitation Act is amended by adding Section 3d as follows:

(20 ILCS 2405/3d new)

Sec. 3d. Home Services Program; criminal background checks.

(a) As used in this Section:

"Customer" or "HSP customer" means a person who is receiving services through HSP.

"HSP" means the Home Services Program.

"Personal Assistant" or "PA" means an individual employed by a customer to provide through HSP varied services that have been approved by the customer's physician.

"Private duty provider" or "provider" means a non-agency registered nurse, licensed practical nurse, certified nurse assistant, physical therapist, occupational therapist, speech therapist, or any other individual who provides medical care or rehabilitative services in the home through HSP.

"Service Plan" means the Home Services Program Service Plan, the Home Services Program Service Plan Addendum, or the Interim Agreement forms on which all services to be provided to an individual through HSP are listed.

(b) Beginning on the effective date of this amendatory Act of the 96th General Assembly, the Department shall adopt a policy to inform each HSP customer of the mandatory requirement of a criminal background investigation for individuals who are being selected as Personal Assistants or Private Duty Providers to that customer. The customer shall be informed of this requirement at the time of application and no personal assistant or provider shall begin employment until verification that the appropriate forms for a criminal background investigation have been signed by the personal assistant or provider and submitted for processing. The results of the criminal background investigation shall be sent directly to the customer, and the customer shall have no obligation to share the results of the investigation. Information obtained from the criminal background investigation will assist the customer in making an informed choice concerning personal assistants or providers.

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