Full Text of SB3661 103rd General Assembly
SB3661enr 103RD GENERAL ASSEMBLY | | | SB3661 Enrolled | | LRB103 38680 RTM 68817 b |
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| 1 | | AN ACT concerning regulation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Health Care Worker Background Check Act is | 5 | | amended 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 | 9 | | program, seeking employment, whether paid or on a volunteer | 10 | | basis, with a health care employer who has received a bona fide | 11 | | conditional offer of employment. | 12 | | "Conditional offer of employment" means a bona fide offer | 13 | | of employment by a health care employer to an applicant, which | 14 | | is contingent upon the receipt of a report from the Department | 15 | | of Public Health indicating that the applicant does not have a | 16 | | record of conviction of any of the criminal offenses | 17 | | enumerated in Section 25. | 18 | | "Department" means the Department of Public Health. | 19 | | "Direct care" means the provision of nursing care or | 20 | | assistance with feeding, dressing, movement, bathing, | 21 | | toileting, or other personal needs, including home services as | 22 | | defined in the Home Health, Home Services, and Home Nursing | 23 | | Agency Licensing Act. |
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| 1 | | The entity responsible for inspecting and licensing, | 2 | | certifying, or registering the health care employer may, by | 3 | | administrative rule, prescribe guidelines for interpreting | 4 | | this definition with regard to the health care employers that | 5 | | it licenses. | 6 | | "Director" means the Director of Public Health. | 7 | | "Disqualifying offenses" means those offenses set forth in | 8 | | Section 25 of this Act. | 9 | | "Employee" means any individual hired, employed, or | 10 | | retained, whether paid or on a volunteer basis, to which this | 11 | | Act applies. | 12 | | "Finding" means the Department's determination of whether | 13 | | an allegation is verified and substantiated. | 14 | | "Fingerprint-based criminal history records check" means a | 15 | | livescan fingerprint-based criminal history records check | 16 | | submitted as a fee applicant inquiry in the form and manner | 17 | | prescribed by the Illinois State Police. | 18 | | "Health care employer" means: | 19 | | (1) the owner or licensee of any of the following: | 20 | | (i) a community living facility, as defined in the | 21 | | Community Living Facilities Licensing Act; | 22 | | (ii) a life care facility, as defined in the Life | 23 | | Care Facilities Act; | 24 | | (iii) a long-term care facility; | 25 | | (iv) a home health agency, home services agency, | 26 | | or home nursing agency as defined in the Home Health, |
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| 1 | | Home Services, and Home Nursing Agency Licensing Act; | 2 | | (v) a hospice care program or volunteer hospice | 3 | | program, as defined in the Hospice Program Licensing | 4 | | Act; | 5 | | (vi) a hospital, as defined in the Hospital | 6 | | Licensing Act; | 7 | | (vii) (blank); | 8 | | (viii) a nurse agency, as defined in the Nurse | 9 | | Agency Licensing Act; | 10 | | (ix) a respite care provider, as defined in the | 11 | | Respite Program Act; | 12 | | (ix-a) an establishment licensed under the | 13 | | Assisted Living and Shared Housing Act; | 14 | | (x) a supportive living program, as defined in the | 15 | | Illinois Public Aid Code; | 16 | | (xi) early childhood intervention programs as | 17 | | described in 59 Ill. Adm. Code 121; | 18 | | (xii) the University of Illinois Hospital, | 19 | | Chicago; | 20 | | (xiii) programs funded by the Department on Aging | 21 | | through the Community Care Program; | 22 | | (xiv) programs certified to participate in the | 23 | | Supportive Living Program authorized pursuant to | 24 | | Section 5-5.01a of the Illinois Public Aid Code; | 25 | | (xv) programs listed by the Emergency Medical | 26 | | Services (EMS) Systems Act as Freestanding Emergency |
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| 1 | | Centers; | 2 | | (xvi) locations licensed under the Alternative | 3 | | Health Care Delivery Act; | 4 | | (2) a day training program certified by the Department | 5 | | of Human Services; | 6 | | (3) a community integrated living arrangement operated | 7 | | by a community mental health and developmental service | 8 | | agency, as defined in the Community-Integrated Living | 9 | | Arrangements Licensure and Certification Act; | 10 | | (4) the State Long Term Care Ombudsman Program, | 11 | | including any regional long term care ombudsman programs | 12 | | under Section 4.04 of the Illinois Act on the Aging, only | 13 | | for the purpose of securing background checks; | 14 | | (5) the Department of Corrections or a third-party | 15 | | vendor employing certified nursing assistants working with | 16 | | the Department of Corrections; or | 17 | | (6) a financial management services entity contracted | 18 | | with the Department of Human Services, Division of | 19 | | Developmental Disabilities, which is not the employer of | 20 | | personal support workers but supports individuals | 21 | | receiving participant directed services, to administer the | 22 | | individuals' employer authority. A financial management | 23 | | services entity assists participants in completing | 24 | | background check requirements, collecting and processing | 25 | | time sheets for support workers, and processing payroll, | 26 | | withholding, filing, and payment of applicable federal, |
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| 1 | | State, and local employment-related taxes and insurance ; | 2 | | or | 3 | | (7) a Comprehensive Community Mental Health Center | 4 | | certified by the Department of Human Services . | 5 | | "Initiate" means obtaining from a student, applicant, or | 6 | | employee his or her social security number, demographics, a | 7 | | disclosure statement, and an authorization for the Department | 8 | | of Public Health or its designee to request a | 9 | | fingerprint-based criminal history records check; transmitting | 10 | | this information electronically to the Department of Public | 11 | | Health; conducting Internet searches on certain web sites, | 12 | | including without limitation the Illinois Sex Offender | 13 | | Registry, the Department of Corrections' Sex Offender Search | 14 | | Engine, the Department of Corrections' Inmate Search Engine, | 15 | | the Department of Corrections Wanted Fugitives Search Engine, | 16 | | the National Sex Offender Public Registry, and the List of | 17 | | Excluded Individuals and Entities database on the website of | 18 | | the Health and Human Services Office of Inspector General to | 19 | | determine if the applicant has been adjudicated a sex | 20 | | offender, has been a prison inmate, or has committed Medicare | 21 | | or Medicaid fraud, or conducting similar searches as defined | 22 | | by rule; and having the student, applicant, or employee's | 23 | | fingerprints collected and transmitted electronically to the | 24 | | Illinois State Police. | 25 | | "Livescan vendor" means an entity whose equipment has been | 26 | | certified by the Illinois State Police to collect an |
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| 1 | | individual's demographics and inkless fingerprints and, in a | 2 | | manner prescribed by the Illinois State Police and the | 3 | | Department of Public Health, electronically transmit the | 4 | | fingerprints and required data to the Illinois State Police | 5 | | and a daily file of required data to the Department of Public | 6 | | Health. The Department of Public Health shall negotiate a | 7 | | contract with one or more vendors that effectively demonstrate | 8 | | that the vendor has 2 or more years of experience transmitting | 9 | | fingerprints electronically to the Illinois State Police and | 10 | | that the vendor can successfully transmit the required data in | 11 | | a manner prescribed by the Department of Public Health. Vendor | 12 | | authorization may be further defined by administrative rule. | 13 | | "Long-term care facility" means a facility licensed by the | 14 | | State or certified under federal law as a long-term care | 15 | | facility, including without limitation facilities licensed | 16 | | under the Nursing Home Care Act, the Specialized Mental Health | 17 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 18 | | the MC/DD Act, a supportive living facility, an assisted | 19 | | living establishment, or a shared housing establishment or | 20 | | registered as a board and care home. | 21 | | "Resident" means a person, individual, or patient under | 22 | | the direct care of a health care employer or who has been | 23 | | provided goods or services by a health care employer. | 24 | | (Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21; | 25 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff. | 26 | | 1-1-24 .) |
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