Bill Text: IL HB5502 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Provides that all persons seeking admission to a nursing facility must be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the United States Centers for Disease Control and Prevention. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5502 Detail]

Download: Illinois-2009-HB5502-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5502 Introduced 2/5/2010, by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED:
210 ILCS 45/2-201.5
Amends the Nursing Home Care Act. Provides that all persons seeking admission to a nursing facility must be verbally screened for risk factors associated with hepatitis B, hepatitis C, and the Human Immunodeficiency Virus (HIV) according to guidelines established by the United States Centers for Disease Control and Prevention. 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 2-201.5 as follows:
(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. In addition, any person
who seeks to become eligible for medical assistance from the
Medical Assistance Program under the Illinois Public Aid Code
to pay for long term care services while residing in a facility
must be screened prior to receiving those benefits. 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.
(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

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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.
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.
A facility, except for those licensed as long term care for
under age 22 facilities, shall, within 60 days after the
effective date of this amendatory Act of the 94th General
Assembly, request a criminal history background check pursuant
to the Uniform Conviction Information Act for all persons who

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are residents of the facility on the effective date of this
amendatory Act of the 94th General Assembly. The facility shall
review the results of the criminal history background checks
immediately upon receipt thereof. If the results of the
background check are inconclusive, the facility shall initiate
a fingerprint-based check unless the fingerprint-based 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
immediately fax the resident's name and criminal history
information to the Illinois Department of Public Health, which
shall conduct a Criminal History Analysis pursuant to Section
2-201.6. The Criminal History Analysis shall be conducted

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independently of the Illinois Department of Public Health's
Office of Healthcare Regulation. The Office of Healthcare
Regulation shall have no involvement with the process of
reviewing or analyzing the criminal history of identified
offenders.
(d) The Illinois Department of Public Health shall keep a
continuing record of all residents determined to be identified
offenders under Section 1-114.01 and shall report the number of
identified offender residents annually to the General
Assembly.
(e) All persons seeking admission to a nursing facility
must be verbally screened for risk factors associated with
hepatitis B, hepatitis C, and the Human Immunodeficiency Virus
(HIV) according to guidelines established by the United States
Centers for Disease Control and Prevention.
(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.