Public Act 099-0453
 
HB3841 EnrolledLRB099 09358 RPS 29563 b


  
    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.  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. 
    (a-1) Any screening performed pursuant to subsection (a) of

this Section shall include a determination of whether any

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

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 
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 
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

the facility and the resident was transferred to the facility

with no time passing during which the resident was not

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 
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, 
    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.
    (d) (Blank).


    (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.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.