Bill Text: IL HB1540 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Provides that upon the request of a resident representative, a facility shall provide the names and job titles of all employees that had access to a resident, the resident's room, and the resident's financial records in the 30 days preceding an alleged incident that resulted in the filing of a complaint with the Department of Public Health. Provides that the facility shall prepare the list and provide it electronically to the requesting resident representative within 30 days after the filing of the complaint. Adds to the mandated curriculum for training nursing assistants, habilitation aides, and child care aides participation in training each year that assists nursing assistants and habilitation aides in coping with individuals of advanced years who have hearing, memory, physical, and cognitive impairments. Provides that the training shall use a curriculum approved by the Department of Public Health. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1540 Detail]

Download: Illinois-2013-HB1540-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB1540 Introduced , by Rep. Keith Farnham SYNOPSIS AS INTRODUCED:
210 ILCS 45/2-207.1 new
210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206
Amends the Nursing Home Care Act. Provides that upon the request of a resident representative, a facility shall provide the names and job titles of all employees that had access to a resident, the resident's room, and the resident's financial records in the 30 days preceding an alleged incident that resulted in the filing of a complaint with the Department of Public Health. Provides that the facility shall prepare the list and provide it electronically to the requesting resident representative within 30 days after the filing of the complaint. Adds to the mandated curriculum for training nursing assistants, habilitation aides, and child care aides participation in training each year that assists nursing assistants and habilitation aides in coping with individuals of advanced years who have hearing, memory, physical, and cognitive impairments. Provides that the training shall use a curriculum approved by the Department of Public Health. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by changing
Section 3-206 and by adding Section 2-207.1 as follows:
(210 ILCS 45/2-207.1 new)
Sec. 2-207.1. Employee information. Upon the request of a
resident representative, a facility shall provide the names and
job titles of all employees that had access to a resident, the
resident's room, and the resident's financial records in the 30
days preceding an alleged incident that resulted in the filing
of a complaint with the Department of Public Health. The
facility shall prepare the list and provide it electronically
to the requesting resident representative within 30 days after
the filing of the complaint.
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
Sec. 3-206. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the

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Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Professional
Regulation, assist with the personal, medical, or nursing care
of residents in a facility, unless such person meets the
following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy.
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents.
(3) Provide evidence of employment or occupation, if
any, and residence for 2 years prior to his present
employment.
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge.
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility. Such
courses of training shall be successfully completed within
120 days of initial employment in the capacity of nursing
assistant, habilitation aide, or child care aide at a

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facility. Nursing assistants, habilitation aides, and
child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester or trimester basis, shall be exempt from the
120 day completion time limit. The Department shall adopt
rules for such courses of training. These rules shall
include procedures for facilities to carry on an approved
course of training within the facility.
The Department may accept comparable training in lieu
of the 120 hour course for student nurses, foreign nurses,
military personnel, or employees employes of the
Department of Human Services.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing
review process, which shall take place within the facility,
for nursing assistants, habilitation aides, and child care
aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide to
complete inservice training and review in the facility

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until the nursing assistant, habilitation aide, or child
care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training.
(6) Be familiar with and have general skills related to
resident care.
(7) Participate in training each year that assists
nursing assistants and habilitation aides in coping with
individuals of advanced years who have hearing, memory,
physical, and cognitive impairments. Training shall use a
curriculum approved by the Department.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the registry maintained
under Section 3-206.01 on or after January 1, 1996 must
authorize the Department of Public Health or its designee to
request a criminal history record check in accordance with the
Health Care Worker Background Check Act and submit all

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necessary information. An individual may not newly be included
on the registry unless a criminal history record check has been
conducted with respect to the individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse.
(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the health care worker registry.
(e) Each facility shall obtain access to the health care
worker registry's web application, maintain the employment and
demographic information relating to each employee, and verify
by the category and type of employment that each employee
subject to this Section meets all the requirements of this
Section.
(f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's

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disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in-house training in
the care and treatment of such residents. If the facility does
not provide the training in-house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training. The Department's rules shall provide
that such training may be conducted in-house at each facility
subject to the requirements of this subsection, in which case
such training shall be monitored by the Department.
The Department's rules shall also provide for
circumstances and procedures whereby any person who has
received training that meets the requirements of this
subsection shall not be required to undergo additional training
if he or she is transferred to or obtains employment at a
different facility or a facility other than a long-term care
facility but remains continuously employed for pay as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing or nursing-related services for a
period of 24 consecutive months shall be listed as "inactive"
and as such do not meet the requirements of this Section.
Licensed sheltered care facilities shall be exempt from the

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requirements of this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)