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| Public Act 099-0453
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| HB3841 Enrolled | LRB099 09358 RPS 29563 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing |
Section 2-201.5 as follows:
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(210 ILCS 45/2-201.5) |
Sec. 2-201.5. Screening prior to admission. |
(a) All persons age 18 or older seeking admission to a |
nursing
facility must be screened to
determine the need for |
nursing facility services prior to being admitted,
regardless |
of income, assets, or funding source. Screening for nursing |
facility services shall be administered
through procedures |
established by administrative rule. Screening may be done
by |
agencies other than the Department as established by |
administrative rule.
This Section applies on and after July 1, |
1996. No later than October 1, 2010, the Department of |
Healthcare and Family Services, in collaboration with the |
Department on Aging, the Department of Human Services, and the |
Department of Public Health, shall file administrative rules |
providing for the gathering, during the screening process, of |
information relevant to determining each person's potential |
for placing other residents, employees, and visitors at risk of |
harm. |
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(a-1) Any screening performed pursuant to subsection (a) of
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this Section shall include a determination of whether any
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person is being considered for admission to a nursing facility |
due to a
need for mental health services. For a person who |
needs
mental health services, the screening shall
also include |
an evaluation of whether there is permanent supportive housing, |
or an array of
community mental health services, including but |
not limited to
supported housing, assertive community |
treatment, and peer support services, that would enable the |
person to live in the community. The person shall be told about |
the existence of any such services that would enable the person |
to live safely and humanely and about available appropriate |
nursing home services that would enable the person to live |
safely and humanely, and the person shall be given the |
assistance necessary to avail himself or herself of any |
available services. |
(a-2) Pre-screening for persons with a serious mental |
illness shall be performed by a psychiatrist, a psychologist, a |
registered nurse certified in psychiatric nursing, a licensed |
clinical professional counselor, or a licensed clinical social |
worker,
who is competent to (i) perform a clinical assessment |
of the individual, (ii) certify a diagnosis, (iii) make a
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determination about the individual's current need for |
treatment, including substance abuse treatment, and recommend |
specific treatment, and (iv) determine whether a facility or a |
community-based program
is able to meet the needs of the |
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individual. |
For any person entering a nursing facility, the |
pre-screening agent shall make specific recommendations about |
what care and services the individual needs to receive, |
beginning at admission, to attain or maintain the individual's |
highest level of independent functioning and to live in the |
most integrated setting appropriate for his or her physical and |
personal care and developmental and mental health needs. These |
recommendations shall be revised as appropriate by the |
pre-screening or re-screening agent based on the results of |
resident review and in response to changes in the resident's |
wishes, needs, and interest in transition. |
Upon the person entering the nursing facility, the |
Department of Human Services or its designee shall assist the |
person in establishing a relationship with a community mental |
health agency or other appropriate agencies in order to (i) |
promote the person's transition to independent living and (ii) |
support the person's progress in meeting individual goals. |
(a-3) The Department of Human Services, by rule, shall |
provide for a prohibition on conflicts of interest for |
pre-admission screeners. The rule shall provide for waiver of |
those conflicts by the Department of Human Services if the |
Department of Human Services determines that a scarcity of |
qualified pre-admission screeners exists in a given community |
and that, absent a waiver of conflicts, an insufficient number |
of pre-admission screeners would be available. If a conflict is |
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waived, the pre-admission screener shall disclose the conflict |
of interest to the screened individual in the manner provided |
for by rule of the Department of Human Services. For the |
purposes of this subsection, a "conflict of interest" includes, |
but is not limited to, the existence of a professional or |
financial relationship between (i) a PAS-MH corporate or a |
PAS-MH agent and (ii) a community provider or long-term care |
facility. |
(b) In addition to the screening required by subsection |
(a), a facility, except for those licensed as long term care |
for under age 22 facilities, shall, within 24 hours after |
admission, request a criminal history background check |
pursuant to the Uniform Conviction Information Act for all |
persons age 18 or older seeking admission to the facility, |
unless (i) a background check was initiated by a hospital |
pursuant to subsection (d) of Section 6.09 of the Hospital |
Licensing Act; (ii) the transferring resident is immobile; or |
(iii) the transferring resident is moving into hospice. The |
exemption provided in item (ii) or (iii) of this subsection (b) |
shall apply only if a background check was completed by the |
facility the resident resided at prior to seeking admission to
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the facility and the resident was transferred to the facility
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with no time passing during which the resident was not
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institutionalized. If item (ii) or (iii) of this subsection (b) |
applies,
the prior facility shall provide a copy of its |
background check
of the resident and all supporting |
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documentation, including,
when applicable, the criminal |
history report and the security
assessment, to the facility to |
which the resident is being
transferred. Background checks |
conducted pursuant to this Section shall be based on the |
resident's name, date of birth, and other identifiers as |
required by the Department of State Police. If the results of |
the background check are inconclusive, the facility shall |
initiate a fingerprint-based check, unless the fingerprint |
check is waived by the Director of Public Health based on |
verification by the facility that the resident is completely |
immobile or that the resident meets other criteria related to |
the resident's health or lack of potential risk which may be |
established by Departmental rule. A waiver issued pursuant to |
this Section shall be valid only while the resident is immobile |
or while the criteria supporting the waiver exist. The facility |
shall provide for or arrange for any required fingerprint-based |
checks to be taken on the premises of the facility. If a |
fingerprint-based check is required, the facility shall |
arrange for it to be conducted in a manner that is respectful |
of the resident's dignity and that minimizes any emotional or |
physical hardship to the resident. |
(c) If the results of a resident's criminal history |
background check reveal that the resident is an identified |
offender as defined in Section 1-114.01, the facility shall do |
the following: |
(1) Immediately notify the Department of State Police, |
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in the form and manner required by the Department of State |
Police, in collaboration with the Department of Public |
Health, that the resident is an identified offender. |
(2) Within 72 hours, arrange for a fingerprint-based |
criminal history record inquiry to be requested on the |
identified offender resident. The inquiry shall be based on |
the subject's name, sex, race, date of birth, fingerprint |
images, and other identifiers required by the Department of |
State Police. The inquiry shall be processed through the |
files of the Department of State Police and the Federal |
Bureau of Investigation to locate any criminal history |
record information that may exist regarding the subject. |
The Federal Bureau of Investigation shall furnish to the |
Department of State Police,
pursuant to an inquiry under |
this paragraph (2),
any criminal history record |
information contained in its
files. |
The facility shall comply with all applicable provisions |
contained in the Uniform Conviction Information Act. |
All name-based and fingerprint-based criminal history |
record inquiries shall be submitted to the Department of State |
Police electronically in the form and manner prescribed by the |
Department of State Police. The Department of State Police may |
charge the facility a fee for processing name-based and |
fingerprint-based criminal history record inquiries. The fee |
shall be deposited into the State Police Services Fund. The fee |
shall not exceed the actual cost of processing the inquiry. |
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(d) (Blank).
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(e) The Department shall develop and maintain a |
de-identified database of residents who have injured facility |
staff, facility visitors, or other residents, and the attendant |
circumstances, solely for the purposes of evaluating and |
improving resident pre-screening and assessment procedures |
(including the Criminal History Report prepared under Section |
2-201.6) and the adequacy of Department requirements |
concerning the provision of care and services to residents. A |
resident shall not be listed in the database until a Department |
survey confirms the accuracy of the listing. The names of |
persons listed in the database and information that would allow |
them to be individually identified shall not be made public. |
Neither the Department nor any other agency of State government |
may use information in the database to take any action against |
any individual, licensee, or other entity, unless the |
Department or agency receives the information independent of |
this subsection (e). All information
collected, maintained, or |
developed under the authority of this subsection (e) for the |
purposes of the database maintained under this subsection (e) |
shall be treated in the same manner as information that is |
subject to Part 21 of Article VIII of the Code of Civil |
Procedure. |
(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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