Full Text of SB3661 103rd General Assembly
SB3661sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/8/2024 | | 10300SB3661sam001 | | LRB103 38680 RTM 70823 a |
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| 1 | | AMENDMENT TO SENATE BILL 3661
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3661 by replacing | 3 | | everything after the enacting clause with the following: | 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 |
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| 1 | | enumerated in Section 25. | 2 | | "Department" means the Department of Public Health. | 3 | | "Direct care" means the provision of nursing care or | 4 | | assistance with feeding, dressing, movement, bathing, | 5 | | toileting, or other personal needs, including home services as | 6 | | defined in the Home Health, Home Services, and Home Nursing | 7 | | Agency Licensing Act. | 8 | | The entity responsible for inspecting and licensing, | 9 | | certifying, or registering the health care employer may, by | 10 | | administrative rule, prescribe guidelines for interpreting | 11 | | this definition with regard to the health care employers that | 12 | | it licenses. | 13 | | "Director" means the Director of Public Health. | 14 | | "Disqualifying offenses" means those offenses set forth in | 15 | | Section 25 of this Act. | 16 | | "Employee" means any individual hired, employed, or | 17 | | retained, whether paid or on a volunteer basis, to which this | 18 | | Act applies. | 19 | | "Finding" means the Department's determination of whether | 20 | | an allegation is verified and substantiated. | 21 | | "Fingerprint-based criminal history records check" means a | 22 | | livescan fingerprint-based criminal history records check | 23 | | submitted as a fee applicant inquiry in the form and manner | 24 | | prescribed by the Illinois State Police. | 25 | | "Health care employer" means: | 26 | | (1) the owner or licensee of any of the following: |
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| 1 | | (i) a community living facility, as defined in the | 2 | | Community Living Facilities Licensing Act; | 3 | | (ii) a life care facility, as defined in the Life | 4 | | Care Facilities Act; | 5 | | (iii) a long-term care facility; | 6 | | (iv) a home health agency, home services agency, | 7 | | or home nursing agency as defined in the Home Health, | 8 | | Home Services, and Home Nursing Agency Licensing Act; | 9 | | (v) a hospice care program or volunteer hospice | 10 | | program, as defined in the Hospice Program Licensing | 11 | | Act; | 12 | | (vi) a hospital, as defined in the Hospital | 13 | | Licensing Act; | 14 | | (vii) (blank); | 15 | | (viii) a nurse agency, as defined in the Nurse | 16 | | Agency Licensing Act; | 17 | | (ix) a respite care provider, as defined in the | 18 | | Respite Program Act; | 19 | | (ix-a) an establishment licensed under the | 20 | | Assisted Living and Shared Housing Act; | 21 | | (x) a supportive living program, as defined in the | 22 | | Illinois Public Aid Code; | 23 | | (xi) early childhood intervention programs as | 24 | | described in 59 Ill. Adm. Code 121; | 25 | | (xii) the University of Illinois Hospital, | 26 | | Chicago; |
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| 1 | | (xiii) programs funded by the Department on Aging | 2 | | through the Community Care Program; | 3 | | (xiv) programs certified to participate in the | 4 | | Supportive Living Program authorized pursuant to | 5 | | Section 5-5.01a of the Illinois Public Aid Code; | 6 | | (xv) programs listed by the Emergency Medical | 7 | | Services (EMS) Systems Act as Freestanding Emergency | 8 | | Centers; | 9 | | (xvi) locations licensed under the Alternative | 10 | | Health Care Delivery Act; | 11 | | (2) a day training program certified by the Department | 12 | | of Human Services; | 13 | | (3) a community integrated living arrangement operated | 14 | | by a community mental health and developmental service | 15 | | agency, as defined in the Community-Integrated Living | 16 | | Arrangements Licensure and Certification Act; | 17 | | (4) the State Long Term Care Ombudsman Program, | 18 | | including any regional long term care ombudsman programs | 19 | | under Section 4.04 of the Illinois Act on the Aging, only | 20 | | for the purpose of securing background checks; | 21 | | (5) the Department of Corrections or a third-party | 22 | | vendor employing certified nursing assistants working with | 23 | | the Department of Corrections; or | 24 | | (6) a financial management services entity contracted | 25 | | with the Department of Human Services, Division of | 26 | | Developmental Disabilities, which is not the employer of |
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| 1 | | personal support workers but supports individuals | 2 | | receiving participant directed services, to administer the | 3 | | individuals' employer authority. A financial management | 4 | | services entity assists participants in completing | 5 | | background check requirements, collecting and processing | 6 | | time sheets for support workers, and processing payroll, | 7 | | withholding, filing, and payment of applicable federal, | 8 | | State, and local employment-related taxes and insurance ; | 9 | | or | 10 | | (7) a Comprehensive Community Mental Health Center | 11 | | certified by the Department of Human Services . | 12 | | "Initiate" means obtaining from a student, applicant, or | 13 | | employee his or her social security number, demographics, a | 14 | | disclosure statement, and an authorization for the Department | 15 | | of Public Health or its designee to request a | 16 | | fingerprint-based criminal history records check; transmitting | 17 | | this information electronically to the Department of Public | 18 | | Health; conducting Internet searches on certain web sites, | 19 | | including without limitation the Illinois Sex Offender | 20 | | Registry, the Department of Corrections' Sex Offender Search | 21 | | Engine, the Department of Corrections' Inmate Search Engine, | 22 | | the Department of Corrections Wanted Fugitives Search Engine, | 23 | | the National Sex Offender Public Registry, and the List of | 24 | | Excluded Individuals and Entities database on the website of | 25 | | the Health and Human Services Office of Inspector General to | 26 | | determine if the applicant has been adjudicated a sex |
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| 1 | | offender, has been a prison inmate, or has committed Medicare | 2 | | or Medicaid fraud, or conducting similar searches as defined | 3 | | by rule; and having the student, applicant, or employee's | 4 | | fingerprints collected and transmitted electronically to the | 5 | | Illinois State Police. | 6 | | "Livescan vendor" means an entity whose equipment has been | 7 | | certified by the Illinois State Police to collect an | 8 | | individual's demographics and inkless fingerprints and, in a | 9 | | manner prescribed by the Illinois State Police and the | 10 | | Department of Public Health, electronically transmit the | 11 | | fingerprints and required data to the Illinois State Police | 12 | | and a daily file of required data to the Department of Public | 13 | | Health. The Department of Public Health shall negotiate a | 14 | | contract with one or more vendors that effectively demonstrate | 15 | | that the vendor has 2 or more years of experience transmitting | 16 | | fingerprints electronically to the Illinois State Police and | 17 | | that the vendor can successfully transmit the required data in | 18 | | a manner prescribed by the Department of Public Health. Vendor | 19 | | authorization may be further defined by administrative rule. | 20 | | "Long-term care facility" means a facility licensed by the | 21 | | State or certified under federal law as a long-term care | 22 | | facility, including without limitation facilities licensed | 23 | | under the Nursing Home Care Act, the Specialized Mental Health | 24 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 25 | | the MC/DD Act, a supportive living facility, an assisted | 26 | | living establishment, or a shared housing establishment or |
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| 1 | | registered as a board and care home. | 2 | | "Resident" means a person, individual, or patient under | 3 | | the direct care of a health care employer or who has been | 4 | | provided goods or services by a health care employer. | 5 | | (Source: P.A. 102-226, eff. 7-30-21; 102-503, eff. 8-20-21; | 6 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-303, eff. | 7 | | 1-1-24 .)". |
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